In Georgia, it is against the law to drive a vehicle if the driver is impaired because they’ve used alcohol or drugs, or if a driver’s blood alcohol concentration (BAC) is above the .08% BAC limit. However, a driver can still be charged with driving under the influence (DUI) with a BAC of .05 if it can be proven that the driver’s ability to safely operate the vehicle was impaired. Drugs that are considered impairing are not limited to illegal street drugs, but also include prescriptions and some over the counter medications. If the driver has a commercial license and is driving a commercial vehicle, then they can be charged with a DUI with a .04 BAC. A driver under the age of 21 can get a DUI if their BAC is .02 or higher.
For the first DUI conviction, the jail term lasts from 10 days to 1 year, and there is 40 hours minimum of required community service. The driver also has to pay a fine of $300 to $1,000. Their license will be suspended for up to 1 year, and when that term is up, they have to pay the $210 license reinstatement fee.
If the driver receives a second DUI in Georgia, the penalties increase. The minimum jail term is 90 days, with a possible maximum of 1 year. The required community service is 30 days. The driver also loses their license for 3 years, and they still have to pay the reinstatement fee. Finally, the driver has to complete an alcohol treatment program.
Georgia DUI 10-Day Rule (now 30 days Rule)
In Georgia, before July 2017, if you either refused to submit to the official state test, or if you submitted and have a breath test of 0.08 or higher and are over the age of 21, the state will attempt to suspend your license or privilege to drive. In almost every case, this attempt happens BEFORE your trial.
This would have happened AUTOMATICALLY unless you file an appeal within 10 days of your arrest. Filing an “appeal” allows for a postponement and may stop a potential suspension.
Georgia DUI law was recently amended, and the revisions additions are important; the “10 day rule” is taken out and changed, drivers gain from new for the ignition interlock device. you were arrested for DUI and the arresting officer issued for you a Form 1205 on or after July one, 2017, the “10 day” law has become thirty days; that means you’ve 30 days to pay the $150 filing fee and file a written request for a hearing to stay away from suspension of your driving privileges in Georgia; failing to do it means your license to drive in Georgia will be suspended forty five days following issuance of the Form 1205. more information here.
DUI / DWI facts and statistics in Georgia
- In 2017, 32 out of the 366 driving fatalities due to DUI / DWI was driven by drivers under the age of 21
- In the same year, 99 out of the 17,436 offenders caught for DUI / DWI were under the age of 18
- In 2018, 30 out of the 375 driving fatalities due to DUI / DWI were driven by drivers under the age of 21
- In the same year, 139 out of the 23,449 offenders caught for DUI / DWI were under the age of 18
source: responsibility.org, fbi.gov
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