Duncan Law Firm LLC

Recently we came across a website (sorry can’t remember the URL -will add it back when we find it) that provided some information on DUI penalties here in Georgia.  While the info they provided was good, we have made some modifications to reflect more correctly what sort of penalties you are looking at if charged with DUI here in Georgia.

Implied Consent Laws
Laws call for drivers alleged of driving under the influence to concede to breath, blood, or urine testing for alcohol content are known as “implied consent laws.” Rebuttal carries penalties that can include compulsory suspension of a driving license for up to a year.

Blood-Alcohol Concentration
In Georgia, any driver with a blood-alcohol absorption (BAC)  above .08 percent is considered “per se intoxicated” under the law. Under this statute, this substantiation is all that is required for a driver to be convicted of Driving Under the Influence (DUI).

Zero Tolerance Blood-Alcohol Concentration
In all states, “zero tolerance laws” focus on drivers not of legal drinking age. In Georgia, persons under the age of 21 operating a motor vehicle with a .02 percent blood-alcohol level or above are subject to DUI penalties.

Enhanced Penalty Blood-Alcohol Concentration
In some states there is a more severe punishment for those convicted of DUI with a for the most part high blood-alcohol content at the point of arrest; this is usually .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilised in Georgia.

Administrative License Suspension/Revocation Penalties
These penalties are minimum mandatory penalties imposed on drivers with a blood-alcohol concentration above Georgia’s maximum permissible level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content.

Penalties involve suspension or revocation (meaning provisional or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Georgia, for the earliest DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

Vehicle Confiscation
The penalty of vehicle confiscation for DUI conviction – either permanently or temporarily – is a possibility in some states, commonly for repeat offenders. This is not a penalty option in Georgia.

Ignition Interlock
An ignition interlock device attaches to the condemned DUI offender’s motor vehicle and requires the driver to complete a breath-test before the vehicle will start. Ignition interlock will allow a second DUI offender in Georgia to obtain a license after a twelve month hard suspension

Mandatory Alcohol Education and Assessment/Treatment
Alcohol schooling and prevention program, treatment for alcohol abuse, and consideration of a person for possible alcohol or drug craving can be required for DUI offenders in Georgia. Usually a risk reduction program completion is required in  Georgia DUI convictions or pleas.