Georgia Criminal Defense Lawyer Blog
By: Ex-Cop Turned Criminal Lawyer Near Me Cory Yager, and Larry Kohn, Co-Authors of Georgia’s Leading Book on DUI in Georgia Laws
Navigating the legal landscape of state DUI laws can be complex. In America, no two states have the same DWI-DUI laws. However, many other state laws are like our Georgia drinking and driving laws.
This is because DUI charges in Georgia must follow federal highway safety laws. NHTSA, which is part of the Department of Transportation, helped all states to create these laws. So, Georgia driving under the influence laws will often have about 90% of the same types of laws as nearby states for their impaired driving statutes.
If you want to know how complex OCGA 40-6-391 are, go to this link and read the 4000 words discussing DUI penalties in GA. Also, any driver who refused to take the post arrest testing MUST read this page about getting a limited driving permit or installing a 12-month ignition interlock device limited driving privileges license.
The State of Georgia is known for having one of the nation’s most punitive sets of drunk driving laws (impaired driving laws). The impaired driving and obtunded driving laws (from drug usage) are complicated and among the nation’s most punitive, especially if a driver refuses to allow post-arrest test results to be obtained by law enforcement.
How many different limits of DUI are there in Georgia? Three alcohol content standards apply to different categories of motor vehicle operators:
- (a) For adult age operators not operating a commercial motor vehicle (CMV), that number is 0.080 grams percent or higher.
- (b) Drivers not yet 21 years of age, that will be a “zero tolerance” standard which means being under is 0.020 gr. % of alcohol. This answers the common question of “what is the legal BAC in Georgia for under 21.”
- (c) For any driver operating a commercial vehicle, a crime occurs when that BAC level is 0.040 grams % or higher.
This article is co-authored by Georgia’s recognized leading legal team (out of ALL the state’s DUI law firms) for writing and annually updating The Georgia DUI Trial Practice Manual, the #1 best seller on DUI laws in the Peach State since 1995.
Just to give the reader some idea of the DUI penalties in the Peach State (if convicted), from a 1st offense DUI alcohol or from controlled substances (e.g., marijuana, cocaine, PCP), the person would face:
- Driver license suspension, with not less than 120 days before that eligible first offender was able to get her or his full plastic license back, after completing DUI school.
- Fines and surcharges for intoxicated driving that can total as much as $1800 to $2000.
- Possibly being ordered to undergo a clinical evaluation for dependency on drugs or alcohol
- Completion of 40 or more hours of community service (as ordered by your judge).
- 24 hours in jail for anyone with a BAC level of 0.08 grams percent or more.
Understanding these Georgia state laws is crucial. By understanding GA driving laws, and the possible DUI defenses, this knowledge can possibly help you protect your rights and seek to avoid being convicted and suffering severe penalties, like having a lifetime record that cannot be expunged or restricted.
The repercussions of a DUI in Georgia are harsh. For example, for a refusal to submit to post-arrest testing, a driver will be totally suspended from driving in GA for 12 months, just for not taking the implied consent test.
Is a D.U.I. a felony in GA? Rarely, but these are the most serious of traffic-related criminal law cases. About 3% of all annual DUI-related arrests will require a felony DUI lawyer for a 4th DUI in 10 years or when a serious injury by vehicle or “homicide by vehicle” by a DUI driver has occurred.
Remember, this guide is not a substitute for customized, targeted legal advice about your case facts from an expert attorney skilled in defending those accused of driving under the influence of alcohol (or drugs).
Georgia DUI Lawyer William Head Created This Helpful DUI Chart Georgia
This chart and the legal advice within this page comes from Board-Certified DUI lawyer near me, William C. Head, Criminal Defense Lawyer near me and DUI Lawyer Atlanta, the Man Who Wrote the Book on DUI Laws in GA.
Because we provide every DUI arrestee with a FREE lawyer consultation with one of our top-rated DUI attorneys, you have found the right website.
What Happens When You Get a DUI in Georgia?
When a person is arrested for DUI in the Peach State, most first offenders want to know more about punishment for DUI in Georgia. Thinking that they will be convicted under DUI GA law, they begin researching Georgia DUI penalties. (See a similar 8.5 inch by 11-inch form, below).
The trio of co-authors of the DUI law book will discuss the increased penalties associated with certain DUI cases. These cases involve aggravating circumstances, such as a second DUI offense in Georgia within a five-year span, using arrest dates for measurement.
If Your Driver’s License Was Taken from You: Red Alert!
Most arrested drivers have their plastic license taken from them by police. Many people arrested for the first time really don’t know how permanent first DUI penalties in GA can be. Think of how a PERMANENT criminal conviction can affect your life all the way to the grave, since a Georgia DUI can never be expunged.
The form below, called a “DDS 1205 Form,” is issued to notify that driver that she or he MUST act or be suspended administratively for a full 12 MONTHS. Yes, that means that — if you don’t get legal assistance quickly — that you can be suspended civilly under GA implied consent laws long before your criminal case gets into the court system.
Within 30 days of the DUI arrest date, the driver must have an interlock device installed or file an appeal with the State of Georgia Department of Driver Services (GA DDS). This is for an administrative license suspension hearing. This step is necessary to keep driving when that temporary driving permit expires on the 46th day after arrest.
Under new DUI laws in Georgia from 2017, some first-time offenders can use an ignition interlock device. That new GA Code section number is OCGA 40-5-64.1, which can be read by clicking the foregoing link.
That driver (if eligible) must have an IID (ignition interlock device) installed for a full year, with no way to terminate it early. Eligibility for obtaining the benefits of this Georgia statute requires that the person be a Georgia resident, have a Georgia license, and be age 21 or over. This statute allows arrested DUI drivers to ONLY be able to install ONE vehicle with the IID.
Requesting a hearing within 30 days after your arrest for DUI. So, now a breath, blood or urine test can be requested, but a DUI refusal of the forensic breath alcohol test cannot be used against you in court. Note that ignition interlocks are usually only installed when a driver is charged with refusal to submit to post-arrest testing, for alcohol or drugs.
With 4 metro Atlanta DUI law offices, our criminal law attorneys near me in Georgia travel statewide to help citizens accused of impaired driving in the Peach State. Call today for your FREE lawyer consultation at 404-567-5515.
Georgia Law on DUI. Being “over the legal limit” of 0.08 grams percent (for any driver) is called DUI per se. In addition, the State of Georgia can prosecute without a breath test, blood test or urine test, if circumstantial evidence is sufficient to convince a jury that it was less safe for the person to drive by consuming alcohol to the extent of being unsafe on the highway.
See the image of our three Super Lawyers below.
Fighting a DUI in Atlanta Georgia. Most are shocked that the police take you to JAIL on a GA DUI 1st offense, regardless of your case circumstances. The same rule as the Georgia DUI process applies, generally, under DUI-DWI laws in most states.
Knowing how to Beat a DUI in the State of Georgia. However, many detained drivers with a DUI Georgia first offense are shocked at the severity of the DUI penalty Georgia DUI laws 2025 might bring. Just the potential jail time for DUI in Georgia is a much bigger concern than probation and court costs.
Hiring Experience Legal Counsel to Negotiate GA DUI laws 2025 to avoid Georgia DUI consequences. Next, our objective is to use our superior knowledge of DUI laws in Georgia to guide your ship through the troubled waters created by this pending DUI arrest.
Will your license be suspended for a first DUI offense in Georgia? Yes, it will. Facing a DUI charge in Atlanta, GA, results in an obligatory suspension or revocation of your license in all situations. Our objective in every case is to achieve a resolution that avoids a DUI conviction.
The most severe consequence, however, is the permanent conviction that remains on your criminal record indefinitely. Georgia’s expungement laws do NOT cover any DUI convictions, including a first-time DUI offense. Rely on the 3 Super Lawyers who AUTHOR the foremost DUI legal guide for the State of Georgia to navigate this matter!
Information About Our 3 Award-Winning Legal Book Authors and DUI Defense Attorneys
Our DUI defense lawyers always provide a FREE legal consultation to help calm potential clients’ worries. This is done by outlining a step-by-step game plan for protecting our client’s right to drive and covering all the potential pitfalls that inaction and lack of familiarity with Georgia Law can cause.
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DUI lawyer Atlanta Larry Kohn has been with criminal attorney and Board-Certified DUI attorney Bubba Head since 1996. Ex-cop turned DUI lawyer Atlanta Cory Yager has been part of the criminal justice and legal services team since 2007.
With over 10,000 cases and 93 years of collective courtroom experience, our DUI lawyers serve Sandy Springs, Marietta, Alpharetta, and downtown Atlanta, covering nearby counties efficiently. CONTACT US NOW to discover HOW TO PRESERVE YOUR DRIVING PRIVILEGES! A FREE call awaits, so what are you waiting for? 404-567-5515.
Additional links:
DUI Georgia Felony Information, Which Can Bring Up to 5 Years in Prison