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Georgia Statutes

BELOW IS A SUMMARY OF THE GEORGIA IMPAIRED DRIVING STATUTES.


COMMON ACRONOYM (S) USED TO DESCRIBE DRUNK DRIVING: DUI, DWUBAL
PROHIBITED VEHICULAR ACTIVITY: drive or be in actual physical control
COVERED VEHICLES OR DEVICES: moving vehicle
COVERED LOCATIONS: anywhere in Georgia
IMPAIRED DRIVING OFFENSES: all code sections are from the Official Code of Georgia Annotated (O.C.G.A.) 40- 6-391

(a)(1) Driving, etc., while under the influence of alcohol;
(a)(2) Driving, etc., while under the influence of any drug (prescription);
(a)(3) Driving, etc., while under the influence of toxic vapors (glue);
(a)(4) Driving, etc., while under the influence of any two or more of the above;
(a)(5) Driving, etc., while under the influence of alcohol, with alcohol concentration 0.08 grams or more at any time within three hours after such driving, etc. ended;
(i) Driving, etc., a commercial vehicle, while under the influence of alcohol, with alcohol concentration 0.04 grams or higher;
(k) under-21 drivers, Driving, etc., while under the influence of alcohol, with alcohol concentration 0.02 grams or higher

DEGREE OF IMPAIRMENT REQUIRED:

For (a)(1) through (a)(4): to the extent that it is less safe for the person to drive, or to the extent that the driver is rendered incapable of driving safely For (a)(5), (i), (k) impairment is not required

PENALTIES FOR IMPAIRED DRIVING OFFENSES:

- Ten year look-back for criminal sentencing
- Five year look-back for license issues.

First conviction: $300 - $1,000 fine, 40 hours community service, 12 months probation less any actual days of incarceration, 10 days jail all of which may be suspended, etc., except 24 hours if the test is above 0.08; 1-year license suspension with Georgia-only work permit for first 120 days and full reinstatement after work permit if no violations. DUI School. No work permit if convicted of DUI-drugs. O.C.G.A. 40-6-391 (c)(1)(A)-(E)

Second conviction: $600 - $1,000 fine, 30 days of community service, 12 months probation less any actual days of incarceration, 90 days jail all of which may be suspended, etc., except 72 hours; 3-year license suspension with 120 day hard suspension followed by 8-month Georgia-only work permit with proof of ignition interlock and enrollment in DUI court or clinical treatment and a subsequent 6 month with Georgia-only work permit without the interlock requirement, followed by full reinstatement after work permit if no violations. DUI School followed by clinical evaluation for additional alcohol counseling; $25 publication fee for newspaper ad in the county of drivers residence. O.C.G.A. 40-6-391 (c)(2)(A)- (F) and (j)(1) and (2).

Third conviction: $1,000 - $5,000 fine, 30 days of community service, 12 months probation less any actual days of incarceration, 120 days jail all of which may be suspended, etc., except 15 days; 5-year license revocation with two- year hard suspension followed by three-year Georgia-only work permit with proof of ignition interlock. Full reinstatement after total of five years if no violations during that five-year period. DUI School followed by clinical evaluation for additional alcohol counseling; $25 publication fee for newspaper ad in the county of drivers residence. O.C.G.A. 40-6-391 (c)(3)(A)-(F) and (j)(1) and (2).

The Department of Driver Services, not the courts, controls license suspensions.

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