Legal Consequences of Drunk Driving In Georgia

Georgia law protects citizens against drunk drivers by deterring intoxicated driving with strict penalties upon conviction. Drunk drivers face fines, license suspension, and the possibility of jail time. If the drunk driving conviction involves injury to others in an accident, the legal penalties are far more severe, and civil penalties apply as well, leaving the drunk driver liable for the victim’s damages, including property damage, medical expenses, lost wages, and compensation for pain and suffering.

What Are the Legal Limits for Alcohol Consumption and Driving In Georgia?

Like most states, Georgia’s legal limit for drinking and driving is a blood alcohol concentration (BAC) of .08% for drivers over the age of 21. Underage drivers face driving under the influence (DUI) charges for a BAC of only .02% under the state’s zero-tolerance law. Commercial vehicle drivers face strict drunk driving laws in Georgia and may face DUI charges with a BAC of .04% or more, costing them their commercial driver’s license.

Additionally, intoxicated driving doesn’t only refer to alcohol impairment. Under Georgia Code § 40-6-391 (2023), the law states:

“A person shall not drive or be in actual physical control of any moving vehicle while:

• “(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;

• (2) Under the influence of any drug to the extent that it is less safe for the person to drive;

• (3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive…”

Because of Georgia’s serious stand on intoxicated driving, a person charged with a DUI requires an assertive defense that meets their right to legal representation under Georgia law.

What Are the Legal Penalties for a Drunk Driving Conviction in Georgia?

Obtaining a Georgia driver’s license means you give implied consent to chemical BAC testing. Once charged with a DUI in Georgia, the Department of Motor Vehicle suspends your license. This process occurs separately from the criminal proceedings. You can appeal this suspension by requesting an Administrative License Hearing. You may also request an ignition interlock device to retain your license. Failure to provide a defense at the hearing or to request an ignition interlock device within 30 days results in license suspension for one year for a first offense.

Separate from the Administrative License Hearing, a conviction for a first DUI in criminal court results in the following:

• A minimum penalty of $300.00 and 24 hours in jail
• A maximum penalty of fines of up to $1,000 or a year in jail, or a judge may also apply both fines and jail time
• Up to 40 hours of community service
• 12 months probation
• Substance abuse evaluation and possible mandatory treatment in an alcohol abuse program

A second DUI conviction within ten years of a first offense substantially escalates the penalties with a minimum of a $600.00 fine, 72 hours in jail, 240 hours of community service, and 12 months probation. A maximum fine could include 12 months in jail and a $1,000 fine.

Subsequent DUI convictions become aggravated misdemeanor crimes with increased penalties.

Civil Liability for DUI Accidents

If a drunk driver causes an accident with injury to others, they face further criminal penalties and civil liability for damages to injury victims. If the driver’s auto insurance doesn’t provide enough compensation for damages, the injury victim may choose to file a personal lawsuit against the driver.

Due to the potential for serious penalties and a lifelong criminal record, victims of drunk driving accidents deserve representation from an experienced Atlanta car accident attorney.