Georgia takes DUI offenses seriously, imposing harsh penalties that can impact your ability to work, attend school, and manage your finances. Under Georgia law, it is illegal to operate a vehicle under the influence of alcohol, drugs (including prescription or over-the-counter medications), or toxic vapors to the extent that it is less safe for you to drive. The laws evolve annually, with lawmakers frequently increasing sanctions and penalties.
"DUI Less Safe" - Impaired Driving Regardless of BAC
According to O.C.G.A. § 40-6-391(a)(1), commonly referred to as “DUI less safe,” it is prohibited to drive or be in control of a vehicle while impaired by alcohol to the point of being less safe. Importantly, a person doesn’t need to exhibit unsafe driving or be directly observed driving by an officer to face charges. Instead, law enforcement relies on observations during their investigation, such as slurred speech, bloodshot eyes, or the odor of alcohol, as well as field sobriety test results.
Prohibited Driving Behaviors - BAC Limits
Georgia law also prohibits driving under the influence of drugs to the point of impairment (O.C.G.A. § 40-6-391(a)(2)), including prescription drugs. Even with a valid prescription, you may be charged if the drug impaired your ability to drive safely. Additionally, the state enforces “DUI per se” laws (O.C.G.A. § 40-6-391(a)(5)), where drivers aged 21 or older are automatically considered impaired if their blood alcohol concentration (BAC) is 0.08% or higher within three hours of driving. For drivers under 21, a BAC of 0.02% triggers DUI charges, while commercial drivers face stricter limits at 0.04%.
Penalties for DUI in Georgia
The consequences of a DUI conviction vary based on prior offenses within a 10-year period. First-time offenders face penalties including jail time, fines, community service, DUI school, and potential license suspension. A second DUI within 10 years includes increased fines, longer suspension periods, and ignition interlock device requirements. A third offense is classified as a “high and aggravated” misdemeanor, with even stricter penalties. A fourth or subsequent DUI within 10 years is considered a felony.
Penalties for DUI in Georgia
The consequences of a DUI conviction vary based on prior offenses within a 10-year period. First-time offenders face penalties including jail time, fines, community service, DUI school, and potential license suspension. A second DUI within 10 years includes increased fines, longer suspension periods, and ignition interlock device requirements. A third offense is classified as a “high and aggravated” misdemeanor, with even stricter penalties. A fourth or subsequent DUI within 10 years is considered a felony.
For commercial drivers, even a first DUI offense results in a one-year CDL disqualification, with subsequent offenses leading to a lifetime ban. Drivers under 21 or those convicted of DUI drugs face additional restrictions, including longer license suspension periods and limitations on obtaining hardship permits.
