Georgia’s Alcohol Limit for DUI
Georgia law spells out a legal limit for driving under the influence when it comes to the concentration of alcohol in a driver’s blood. The code section on the issue is OCGA 40-6-391(a)(1), and it states that the legal amount of alcohol that can be in someone’s blood while driving is .08 grams per deciliter.
Drivers under the age of 21 can still face consequences for driving under the influence with a blood alcohol content (BAC) under that amount, but it’s not the .08 that adult drivers face . They then only need to have a BAC of .02, which is the equivalent of about one drink, to be charged with a DUI.
Commercial drivers are held to a greater standard. They may have a BAC of up to .04, but anything over that will lead to a DUI. So, for example, if a commercial driver has a BAC of .03, they’re fine to drive, but .04 is the threshold for facing a DUI charge.
Minors under the age of 21 can also face "zero tolerance" laws making it illegal for them to drive with any measurable amount of alcohol in their systems at all.
The Penalties from Driving Over Limit in Georgia
In addition to the fines and suspension of driving privileges, additional penalties are also available to the Courts if a person is found guilty of DUI. These penalties are often alluded to by the terms "Community Service" and "DUI School." Community service is required in all DUI cases and DUI School is not necessarily required in all cases, but is reserved for those with multiple offenses.
Both penalty considerations are detailed in 16-13-1:
- (e) A person convicted of violating any provision of subsection (a) of Code Section 16-13-2 shall be:
- (1) Where a first violation involves an offense that resulted in the refusal or withdrawal of the driving privileges of such person under the provisions of Chapter 5 of Title 40, ordered to perform four hours of community service and to complete a DUI Alcohol or Drug Use Treatment Program as provided for in Code Section 40-5-63;
- (2) Where a second violation is an offense that resulted in the refusal or withdrawal of the driving privileges of such person under the provisions of Chapter 5 of Title 40, ordered to perform 30 days of community service and to complete a DUI Alcohol or Drug Use Treatment Program as provided for in Code Section 40-5-63;
- (3) Where a third violation is an offense that resulted in the refusal or withdrawal of the driving privileges of such person under the provisions of Chapter 5 of Title 40, ordered to perform not less than 60 days of community service and to complete a DUI Alcohol or Drug Use Treatment Program as provided for in Code Section 40-5-63;
- (4) Where a fourth violation is an offense that resulted in the refusal or withdrawal of the driving privileges of such person under the provisions of Chapter 5 of Title 40, ordered to not less than 120 days of community service and to complete a DUI Alcohol or Drug Use Treatment Program as provided for in Code Section 40-5-63; and
- (5) Where a second violation is an offense that did not result in the imposition of a fine or suspension of the driving privileges under Chapter 5 of Title 40, ordered to complete a DUI Alcohol or Drug Use Treatment Program as provided for in Code Section 40-5-63.
How Georgia’s DUI Legal Limit Varies from Other States
Compared to many other states, Georgia has a harsher stance on DUIs. For example, in Georgia there is no such thing as a "wet reckless." This is a term that other states have that instead of having the police officer give you a DUI, that he allows you to plead it down to a regular DUI. Georgia does not have jurisdiction over this practice and you must go through the same procedures for a DUI plea bargain as an alcohol or drug related DUI offense. Georgia also does not offer any other sort of deals on DUI charges. Your only recourse is to hire an attorney to negotiate a plea agreement. Some states will reduce a DUI charge to a felony with an accident and injury. Georgia does not have a provision in their law for this unless someone was severely injured. The laws in Georgia are stricter than most states when it comes to DUIs and more serious offenses are classified as felonies rather than breaking a DUI down into a lesser offense. It is easier to do this in other states as it is more common for a DUI charge to be reduced to a reckless driving charge if there are no injuries or accidents involved.
Not every state in the US has strict DUIs and legal limits. Each state has their own laws and may be slightly different from the ones in Georgia. In most states, if your blood alcohol content is .08 or above, then you will be charged with a DUI. Georgia follows this law as well as having a zero alcohol limit for anyone under the age of 21 as well as a commercial driver’s license holder. BAC does not have to be .08 in order to receive a DUI charge. You may be given a ticket for a DUI if your BAC is .05, but it is rare. Georgia law enforcement officers typically do not use a breathealyzer or blood test to determine the BAC level during the first offense. It is common for the officers to give a sobriety test once your motor activity has been compromised because of the alcohol. Georgia differs from other states as most of them will use a breath test if they suspect impairment.
What to Do If You’ve Been Charged with DUI in Georgia
There are two major components to defending a DUI case:
1. Protect your license
2. Defend against the DUI
When you’re arrested for driving under the influence, your license will be on instant suspension. An arrest for a DUI charge triggers a separate license-related administrative process, which can be confusing and burdensome, but presents an immediate opportunity to keep your license by filing a Demand for Administrative License Hearing or DDAH. You have 30 days from the date of your arrest or citation to file this paperwork to protect your privilege to drive while your case is pending. This process is totally separate from the criminal charge. The consequences may be severe for those who do not timely file the demand. A Georgia Department of Driver Services administrative law judge will hold a telephone hearing within 30 days of the DDAH filing. These hearings are completely different from the court appearance, and you should have an attorney for this hearing. This hearing is about the true reason for your arrest and will determine whether your license will remain valid through the case.
The court process for a DUI arrest is confusing. The prosecution has up to one full year to formally charge you with a Georgia DUI. In many Georgia counties, the court will give you a court date out 6 to 12 months after you arrested. We have seen cases where you are completely exonerated before the arraignment date , and then the prosecution moves to dismiss the charges with the court registrar (not in open court) without your knowledge. Be very careful about inadvertently pleading or waiving rights if you go to court before the arraignment date. A full-time DUI lawyer will know whether you have been charged, and when that happened, and can help you avoid this pitfall.
Here are some things to remember about the court process:
Choosing the right attorney is important. Many people pay modest fees for their DUI lawyer, and only care about what the end result is. Some things to be wary of when you meet with a DUI lawyer:
Make sure the attorney is located near your courthouse in the county where you received your citations. You can’t always go home to get your documents.
Review your attorney’s bio carefully on their website. Ask the right questions:
A few good questions to ask an attorney at your free initial consultation include
Remember our friend from the blender. His case was ultimately dismissed, and his license never suspended, but it took significant effort to achieve that result. Choose your lawyer wisely, and explore potential defenses aggressively but ethically.
That may sound Sith-like, but what is meant is do not enter an early guilty plea or waste your time with attorneys who do not represent you zealously. A mediocre lawyer and a great lawyer will charge you about the same money, and in many cases, a zealous lawyer will actually save you money. Ask the right questions, and don’t settle for less than you deserve.
How to Avoid Getting Charged with DUI in Georgia
The best way to avoid the repercussions of a DUI conviction is to prevent drunk driving in the first place. Plan ahead so that you never find yourself in a situation where you are tempted to drive under the influence. There are several ways that this can be accomplished.
If you are going out for the night and plan to drink, secure a ride home before you have a glass. Take care of this by designating a sober driver, or arranging for transportation using a car service or rideshare app like Uber or Lyft. If you need to, consider spending the night out instead of driving home after you have been drinking. One of your options might be to find a hotel in the area so that you do not have to travel at all.
Someone you know may be able to give you a ride home if you call them, but it is also possible that some of your friends may be under the influence as well. The safest bet is to have your plans set in advance, including transportation.
If, for some reason, you end up needing to drive after having been drinking, you should be aware of the potential penalties if you get pulled over by law enforcement, including fines, community service, license suspension, and even jail time.
Georgia DUI Frequently Asked Questions
What is a DUI in Georgia?
The Georgia legal definition of driving under the influence (DUI) refers to an approximate blood alcohol concentration (BAC) of 0.08%. It can also refer to an impairment of more than 0.08% to the extent that it impairs the ability to operate a vehicle.
What BAC would I need to legally drive?
Under Georgia law, the legal limit for a person operating a vehicle is a blood alcohol concentration (BAC) of 0.08% or less as read by an approved breath testing device.
How is my BAC tested?
There two common types of tests used to determine the BAC of a suspected DUI driver: breath and blood. The breath test is taken by blowing into a thing tube connected to a breathalyzer device. A blood test, as the name implies, consists of drawing a sample of blood for testing. Results are generally received within 24 hours .
Are breathalyzer tests accurate?
The Georgia Department of Public Health advocates a set of regulations the Unites States Department of Transportation (DOT) has determined will ensure accuracy of breath testing by measuring the amount of alcohol in the breath. These regulations include defining the conditions under which the breath sample is collected and requiring that the device be properly inspected & calibrated prior to use.
What are some possible defenses against a DUI?
The exact circumstances of your case may help your DUI attorney determine if a defense is possible for your DUI arrest. For example, if there was reasonable doubt about the evidence collected by the police officer, a skilled attorney may be able to challenge the evidence collected to be used against you in a court of law.