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Key Takeaways
- DUI is the only official conviction in Georgia for drinking and driving.
- Georgia DUI penalties and consequences elevate with repeat offenses.
- You must file an appeal within 30 days of arrest to avoid a suspended license.
Georgia DUI Laws: What Is a DUI in Georgia?
Georgia is one of the strictest states regarding drinking and driving rules. There is only one DUI law in the state. So, when you refer to the terms DUI or DWI, it means the same. According to Georgia law, DUI stands for driving under the influence of alcohol, drugs, or any other controlled substances. The peach state is very particular about what accounts for being intoxicated. It includes:
- Under the influence of alcohol to the extent that it is unsafe to drive.
- Under the influence of any drug or intoxicating substance to the extent that it is unsafe to drive.
- Under the intentional influence of any aerosol, glue, or toxic vapor to the extent that it is unsafe to drive.
- Under the combined influence of any of the substances mentioned above to the extent it is unsafe to drive.
- You having a blood alcohol content greater than or equal to 0.08% (0.04% for commercial vehicle drivers and 0.02% for drivers below 21).
- Have traces of marijuana or other controlled drugs in blood or urine.
However, an exception exists for individuals under the influence of a controlled drug with a prescription.
Georgia DUI Penalties
Georgia DUI penalties depend on whether a conviction is a misdemeanor or a felony. All DUIs are misdemeanors in Georgia unless the driver has had more than 2 DUI convictions within the last ten years, caused severe injury or death of someone or an unborn fetus, or has fled an officer.
The penalties for your first three DUIs are mentioned in the table below.
| First Offense | Second | Third | |
|---|---|---|---|
| Jail time | One day to 1 year (first 24 hours mandatory) | 90 days to 1 year (72 hours mandatory) | Up to 1 year (15 days mandatory) |
| Fine | $300 to $1000 | $600 to $1000 | $1000 to $5000 |
| License Suspension | Up to 1-year | 1 to 3 years | Up to 1-year |
The Consequences of a DUI in Georgia
Georgia DUI laws are some of the most stringent laws followed in the country. Though DUIs in Georgia are considered a misdemeanor, they have multiple consequences and penalties. Jail time, hefty fines, and suspension of license are all penalties you can expect when convicted of DUI.
The severity of your penalty depends on whether you are charged with a misdemeanor or felony. If you have DUI convictions within the previous ten years, then the third offense is considered a felony. When charged with a felony, it can get difficult for you to find a job, house, or credit can get tricky. So, it is crucial for a hearing to defend your circumstances.
What are the differences between DUI and DWI in the state of Georgia?
There is only one law for drinking and driving in Georgia – DUI (driving under the influence). So even when you refer to the conviction as DWI (driving while intoxicated), it still means a DUI in Georgia. The severity of the penalty depends on your BAC (blood alcohol count) test, previous offense, the impact of the accident, and other aggravating factors.
License Suspension in Georgia
The license suspension comes under the administrative license suspension action in Georgia. License suspension refers to the civil action against a driver’s license or driving privilege in Georgia. The Georgia DUI penalties are determined by the state and are followed diligently.
| Offense | Length of License Suspension |
|---|---|
| First Offense | 6 months to 1 year |
| Second offense within 5 years |
Up to 3 years |
| Third offense within 5 years (habitual violator) |
Up to 5 years |
INSURANCE AGENT EXPERTS
Auto Insurance Data Methodology
The auto insurance rates published in this guide are based on the results of research completed by Way.com’s data team. Using a mix of public and internal data, we analyzed millions of rate averages across U.S. ZIP codes.
Quotes are typically based on a full coverage policy average unless otherwise noted within the content.
These rates were publicly sourced from insurer filings and should be used for comparative purposes only — your own quotes will differ. Given this, it’s important to go through our insurance steps form to find how much you can save with way.com
DATA SOURCES
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Frequently Asked Questions
Is DUI a felony in Georgia?
Most DUI (driving under the influence) convictions in Georgia are classified as misdemeanors, comparable to other moving offenses, such as running a red light or being in a minor car accident. Despite this, there are some circumstances where a misdemeanor conviction might be raised to a felony.
Will one lose their license for their first DUI in Georgia?
According to Georgia DUI laws, someone can get their license suspended for 6 months to 1 year for the first DUI offense.
How long can a DUI case stay open in Georgia?
A DUI case in Georgia stays open for a period of 12 months, and the case gets closed after that. The driver can then apply for a limited license with the state of Georgia. However, the state law of Georgia does not permit complete removal of the record when convicted of DUI.
Is your license suspended immediately after a DUI in Georgia?
After the DUI arrest, the Georgia Department of Driver Services will file for the administrative license suspension process. If you fail to file an appeal within 30 days of the arrest, your license will be suspended for a period of six months to one year.
What happens when you get a DUI in Georgia?
Being arrested for DUI in Georgia means jail time, counseling, hefty fines, and suspension of your driver’s license. The consequences of DUI could impair your everyday life. It can get difficult for you to find future employment, housing, and credit cards.
Are DUI checkpoints legal in Georgia?
DUI checkpoints are legal in Georgia if they adhere to certain guidelines.
How much does a DUI cost in Georgia?
Most cases of DUI in Georgia are misdemeanors. The fine for a misdemeanor in Georgia ranges up to $1000 and to 1 year of jail time. The penalty and fine are elevated with repeated offenses.
What is the DUI penalty in Georgia?
The Georgia DUI penalty varies for each repeated offense. The fine would be between $300 to $1000 for first-time offenders. A second-time offender must pay anywhere between $600 to $1000. A third-time offender is fined between $1000 to $5000.
Will I go to jail for DUI in GA?
The consequences for a first-time DUI conviction are a fine of up to $1000 and a jail time of up to 1 year. However, the minimum penalty is a $300 fine and 24 hours of jail time.
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