Georgia Dui & Dwi Offenses, Penalties, Programs

By Author: Augustine Joseph
Total Articles: 16
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Georgia uses the terms DUI driving under the influence and DWI driving while intoxicated interchangeably, but the trend is shifting to exclusive use of DUI because that term encompasses drugs as well as alcohol. Either term means that the driver was operating a vehicle while impaired by some type of chemical.
BAC:
Blood alcohol content BAC, tested by a breath, urine, or blood sample, will determine the penalties to be charged for an alcohol-related DUI offense. In Georgia, BAC count of 0.08% or higher than it automatically is counted as a DUI.
A very important thing to note is however, that if you can get a DUI with a BAC of lower than 0.08%. All the officer has to do is observe that your ability to drive is impaired, and on go the handcuffs.
While alcohol and illegal drugs are clearly grounds for a DUI, legitimately prescribed or over-the counter medications can also get you in trouble. If they affect your ability to drive, and a lot of them do it & you could be arrested if you do so.
Also it helps the state’s case if the officer collects chemical evidence that your BAC was over 0.08%. To ...
... make it easier for the police to do this, Georgia has a law that punishes drivers who refuse to take a chemical test.
The law is called the Administrative License Suspension Law, it works like this: If you are pulled over and a police officer asks you to submit to a breath, blood, or urine test to determine your BAC, and if you refuse, your license may be suspended for one year.
1. How much do you have to drink BAC for a DUI in Georgia?
BAC = blood alcohol content
If you are under the age 21then you can consume about – .02%
If you are under the age 21 or older then you can consume about- .08%
If you use for commercial purpose then – .04%
What if you refuse to take a chemical test in Georgia?
Georgia has an implied consent law. That means if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Below are more details given about Georgia’s implied consent law.
2. Offenses:
Below are offenses for refusal to take test
1st Offense – Suspension of license for 1 year
2d Offense – Suspension of license for 3 years
3rd Offense – Suspension of license for 5 years
3. What is the minimum jail time?
Below is the minimum jail time for offenses
1st Offense – 24 hours
2d Offense – 3 days
3rd Offense – 15 days; punishable as a felony
4. Look back Period:
The look back period is 10 years i.e. Period of time that prior DUIs are relevant for sentencing.
5. Can you plead to a lesser offense than DUI in Georgia?
No, a plea bargain for a conviction of wet reckless, i.e. reckless driving involving alcohol is barred by statute in your state.
1st Georgia DUI Offense:
*Jail – From 24 hours to 1 Year.
*Fine – From $300 – $1,000.
*License Suspension – Up to 1 Year.
*Community Service – 40 Hours Minimum.
*License Reinstatement – $210.
2nd Georgia DUI Offense:
*Jail – From 3 Days to 1 Year.
*Fine – From $600 to $1,000.
*License Suspension – 3 Years.
*Community Service – 30 Days Minimum.
*License Reinstatement – $210.
*Ignition Interlock Device – If Court Allows.
*Complete Treatment Program or Evaluation.
3rd Georgia DUI offense:
A third DUI conviction raises the charge to a “high and aggravated” misdemeanor, with the following penalties:
*Fine of $1,000 to $5,000.
*Mandatory prison sentence of 120 days to 12 months, with no less than 15 days of actual incarceration time.
*Minimum 30 days of community service.
*Completion of the Risk Reduction Program. This program is ordered for all DUI convictions.
*Clinical evaluation.
*Completion of a substance, abuse treatment program.
*Probation of 12 months, minus time served.
*Five-year driver’s license suspension.
Driver Education:
This is just a piece of advice; you can take a state-approved DUI/Defensive Driver course once every five years to reduce the number of points accumulated on your license. This course may even help lower your insurance rates; check with your agent for more details.
Programs:
During the 1980s, Georgia counties began testing pilot programs to help reduce drinking and driving. This program proved that intervention can save lives, so that program was instituted statewide.
Now judges are required to order the completion of the state’s Risk Reduction Program for all DUI offenders. The goal of this program is to help those snagged by a DUI conviction avoids letting alcohol or drugs have a continued adverse affect in their lives.