What are the DUI laws in Georgia?

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DUI laws in Georgia make it illegal to operate a personal motor vehicle if your BAC is over 0.08%. If you are driving a commercial vehicle, then your BAC must be under 0.04%. Drivers under the age of 21 must not drive if their BAC is over 0.02%. There are certain aggravating factors that could lead to a tougher situation for the person accused of a DUI like a prior conviction for the same offense. 

In Georgia, a DUI offense is typically a misdemeanor; however, if you have three prior DUIs, the crime becomes a serious felony. Further, a DUI conviction can never be expunged from your record. 

There are also separate offenses which could be brought against you alongside the DUI misdemeanor. If there was a minor in the car while arrested for a DUI then you can face charges of child endangerment. If a car crash or injury to another person was caused while driving under the influence then a person could face a separate charges such as Serious Injury by Vehicle, which is a felony. This could land a person up to 15 years imprisonment. 

In Georgia, a DUI, without other factors like a crash or minor in the vehicle, is a felony if it is a 4th offense within 10 years from the 1st offense. A DUI felony can lead to thousands of dollars in fines and 5 years in jail. 2nd and 3rd-time offenses for driving under the influence are strict. A 3rd-time offense could come with a 5-year license suspension and $5,000 in fines. 

Georgia DUI First-Offense Laws

A First-Time Driving Under the Influence charge is a misdemeanor with mandatory punishments. The two main consequences are a criminal case being levied against you and the Department of Driver Services (DDS) suspending your license. You should contact a DUI attorney as soon as possible in order to avoid the worst consequences. You could be facing jail time, fines, community service, probation, and a year-long license suspension. Your attorney can help mitigate some of the worst consequences tied to a conviction for driving under the influence but you have to act fast. State laws dictate that a driver has 30 days to try and prevent a total license suspension. Your attorney can file for an Administrative License Suspension (ALS) Hearing which can appeal your suspension or ask for an Ignition Interlock Device (IID) to be installed. 

Can you get a DUI on private property?

A question that is sometimes brought up is whether or not operating a vehicle while under the influence is illegal on private property. The simple answer is yes. In Georgia, law enforcement agents have the authority to hand a DUI charge while on private property. If you are on any property that can be accessed by a motorist then law enforcement has the authority to issue a stop. 

Atlanta DUI Attorney

At Arora Law, we know how complicated and ever-changing the Georgia DUI laws are. If you’ve been charged with DUI, you should hire a defense attorney who puts your rights and your future first. Call us at (404) 609-4664 or contact us online for a free initial consultation. We proudly assist Spanish-speaking clients. (Se habla Español.)


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