Georgia DUI Penalties

Like most states, Georgia takes drinking and driving very seriously and penalizes drivers who are convicted of driving under the influence (DUI) accordingly. In fact, Georgia DUI penalties are some of the toughest in the nation and include mandatory minimum sentencing requirements for both first and repeat offenders.

There are two ways a person can be charged with DUI in Georgia. If you are caught operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher, you can expect to be charged with “per se” DUI—even if your driving abilities were not affected by your alcohol use.

At the same time, however, you may also be charged with “less safe” DUI if your blood alcohol content is below the legal limit, but show signs of impairment (such as slurred speech or erratic driving, for example). What’s more, because drivers under 21 must abide by a much lower 0.02% BAC limit, underage drivers who are arrested for driving under the influence may be charged with both per se DUI and underage drinking and driving.

If an officer asks you to perform a breathalyzer, or requests a urine and/or blood sample in order to determine your BAC, you can also be charged separately for refusing to take the test. In fact, under Georgia’s implied consent laws, a refusal could lead to harsher penalties than failing the test.

Regardless of the type of DUI charge you are issued, the penalties for drinking and driving in Georgia include a minimum $300 fine, up to 40 hours of community service, and a license suspension. You can also expect to spend no less than 24 hours behind bars and, depending on the circumstances of your arrest, may be placed on probation or ordered to attend an alcohol education program.

Keep in mind, though, that these penalties are for just a first offense—repeat offenders and commercial vehicle operators face even tougher sentencing guidelines.  

Despite all these penalties, there is hope. In many cases, you may be able to prove that your arrest was unwarranted. If the officer did not have probable cause to pull you over or suspect you were under the influence, for example, your case may be thrown out in court. Likewise, if your breath test was not administered properly or the officer failed to maintain the device regularly, your results could be dismissed as evidence against you.

To learn more about your defense options, contact attorneys Lee Webb and Greg Willis today. After successfully representing thousands of drivers across the state, we know what it takes to challenge your DUI arrest and help you reduce or eliminate the charges against you.

For a free evaluation of your case, contact the Law Offices of Webb and Willis immediately after your arrest. With round-the-clock availability via phone, text message, email, and Facebook, we’re available anytime you need us—24 hours a day, 7 days a week. Don’t wait any longer. Contact us now to discuss your case with two of the most experienced DUI defense attorneys in the state.

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