Georgia DUI Drugs & Alcohol

Georgia DUI Drugs and Alcohol

Georgia DUI drugs and alcohol charges all fall under one statute – but the proof the State must offer depends on which subsection is charged. Georgia law draws a firm line between two categories of DUI. Per se charges do not require proof that the driver was impaired. Less safe charges do.

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The defense strategy changes based on how the case is charged. The evidence the prosecutor needs also changes. The license consequences change as well.

Four subsections cover the most common charges. Under (a)(5), a driver violates the law with a blood alcohol concentration of 0.08 grams or more. Under (a)(6), a driver violates the law with any amount of a controlled substance in blood or urine that the driver was not legally entitled to use. Under (a)(1) through (a)(4), a driver violates the law by being less safe to drive because of alcohol, drugs, toxic vapors, or a combination.

Under subsection (b), a driver who is legally entitled to use a drug violates the section only if that drug rendered the driver incapable of driving safely. A drug or alcohol DUI conviction normally requires completion of a Risk Reduction Program. See our page on DUI classes for what the course involves.

Per Se vs. Less Safe

A per se DUI charge does not require the State to prove that the driver was impaired or drove unsafely. The chemical test result alone can sustain the charge.

Under Georgia law, an alcohol concentration of 0.08 BAC or more within three hours after driving violates the law where the alcohol was consumed before the driving ended. Lower thresholds apply to commercial motor vehicle operators (0.04) and drivers under 21 (0.02).

A driver also violates the law if any amount of a controlled substance or its metabolites is present in blood or urine and the driver was not legally entitled to use that substance. Neither charge requires proof of unsafe driving. The State needs only the chemical result and proof that the person was driving or in actual physical control of a moving vehicle.

Marijuana exception. Although the statute references marijuana by name, the Georgia Supreme Court held in Love v. State, 271 Ga. 398 (1999), that the any-amount per se rule cannot be applied to marijuana. A marijuana DUI must be charged as a less safe offense. The State must prove the drug made the driver less safe.

Less safe charges under subsections (a)(1) through (a)(4) require the State to prove something different. The driver's ability to drive must have been impaired. The person must have been a less safe driver because of alcohol, drugs, toxic vapors, or a combination. This is a fact-intensive showing. It draws on driving behavior, field sobriety performance, officer observations, and chemical results read together.

A driver who is legally entitled to use a drug is not immune from DUI charges. But such a person violates the statute only if the drug rendered the person incapable of driving safely. That is a higher bar than the "less safe" standard applied to other drug or alcohol charges.

How the State Proves a Drug or Alcohol DUI

The proof the State must present depends entirely on which subsection is charged.

For a per se alcohol charge under (a)(5), the State relies on a breath or blood test showing 0.08 grams or more. For a per se drug charge under (a)(6), the State presents a blood or urine test. The test must confirm any amount of a Schedule I through V controlled substance or its metabolites. The driver was not entitled to use that substance. In per se cases, the State does not need to prove that the substance affected the driver's ability to operate the vehicle.

Less safe charges – including every marijuana DUI – require more. The State must tie the substance's presence to impaired driving. Prosecutors typically build this proof from several sources, starting with how the driver was operating a motor vehicle. They look at driving observations such as lane drift, erratic speed, or failure to respond to traffic signals. They note officer observations of the driver including odor, slurred speech, bloodshot eyes, or poor coordination. They present standardized field sobriety testing and, in drug cases, Drug Recognition Expert evaluations. They introduce chemical test results showing the substance in the driver's system. They also use the driver's own statements made during the stop or at the scene.

Drug chemistry alone does not prove a less safe case. The State must connect the substance's presence to the driver's impaired ability to operate the vehicle. If the prosecution cannot make that connection, a person cannot be convicted of driving under the influence on a less safe theory.

Georgia DUI Drug Penalties by Offense

Georgia DUI drug penalties escalate with each conviction within a ten-year window, measured from arrest dates. The criminal penalties are as follows.

First offense: a fine of not less than $300 and not more than $1,000. Jail of not fewer than 10 days and not more than 12 months. For a drug DUI where no alcohol test showed 0.08 or more, the judge may probate the entire jail term. The 24-hour mandatory minimum applies only when an alcohol test showed 0.08 grams or more. The court must also impose not fewer than 40 hours of community service. The court must require completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days of the conviction. A clinical evaluation is required unless the court waives it, with treatment if the evaluation recommends it. If the jail sentence is fewer than 12 months, probation of 12 months less any days actually served is required.

Second offense: a fine of not less than $600 and not more than $1,000. Jail of 90 days to 12 months with at least 72 hours served. Not fewer than 30 days of community service is required. The Risk Reduction Program is required, as is probation of 12 months less any days actually served. A clinical evaluation is required, and treatment is required only if the evaluation recommends it. A second or subsequent conviction within five years also brings publication of a notice of conviction in the county legal organ and a $25 assessment for the cost of that publication.

Third offense: a high and aggravated misdemeanor. A fine of not less than $1,000 and not more than $5,000. Jail of 120 days to 12 months with at least 15 days served. Not fewer than 30 days of community service is required. The Risk Reduction Program is required. A clinical evaluation with treatment if recommended is required. Probation of 12 months less any days actually served is required.

Fourth or subsequent offense: a felony. Imprisonment of not less than one year and not more than five years, with all but 90 days probatable. A fine of not less than $1,000 and not more than $5,000. Not fewer than 60 days of community service is required (unless the court sentences the defendant to three years of actual imprisonment). The Risk Reduction Program is required. A clinical evaluation is required, with treatment if the evaluation recommends it. Probation of five years less any days actually imprisoned is required.

License consequences are addressed in the next section.

Drug DUI License Suspension Georgia

A drug DUI license suspension Georgia drivers face operates on two separate tracks: the administrative license suspension (ALS) and the post-conviction suspension.

Administrative license suspension. After a DUI arrest the officer takes the license and personally serves the notice of intent to suspend. This starts the ALS clock. The administrative suspension rests on a refusal to submit to testing or on an alcohol test result at or above the applicable limit, so in a drug case with no alcohol at that level it is a refusal that opens this track. Where the notice is served for a refusal or a suspendable result, the officer issues a 45-day temporary driving permit. The driver has 30 days from notice of suspension to request an administrative hearing, and the written request must be accompanied by the $150 filing fee the statute sets. This deadline is commonly misstated as 10 days – but the statute sets 30 days. Missing this deadline waives the right to a hearing.

Post-conviction suspension for a drug DUI is governed by separate rules. On a first drug DUI conviction with no prior drug DUI conviction within five years, the license is suspended for not less than 180 days. A driver who has no DUI conviction in the preceding five years may apply for a limited driving permit. That limited permit is available only on a first-conviction suspension, and the department issues one only where refusing it would cause extreme hardship. A second drug DUI conviction within five years brings a three-year suspension. After one year, reinstatement is possible. A third drug DUI conviction within five years makes the driver a habitual violator, and the license is revoked. Reinstatement after a drug DUI suspension requires proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and payment of the statutory restoration fee, which is $210 after a first conviction, or $200 when the department processes the reinstatement by mail. An alcohol DUI conviction follows a different schedule: a first conviction suspends the license for 12 months, with early reinstatement available after 120 days on the same proof of program completion and fee.

The ALS process and the post-conviction suspension are separate tracks. In both, the department referred to above is the Department of Driver Services. Depending on the outcome of each, they may run concurrently or consecutively.

Speak With a Georgia DUI Drug Defense Attorney

A drug DUI charge carries criminal penalties and separate license consequences that run on parallel tracks. Losing driving privileges often changes daily life more than the fine does. People charged with DUI often assume the test result settles everything. The defense approach differs based on whether the charge is per se, less safe, or based on a legally prescribed medication. Case-specific review matters.

The 30-day ALS hearing deadline begins running the day the officer serves the suspension notice. Acting quickly preserves your right to challenge the administrative suspension.

Clients often ask about an ignition interlock device. Whether one applies turns on the suspension and any prior conviction, so it is worth asking a lawyer early.

Kohn & Yager LLC defends drug and alcohol DUI charges throughout Georgia. To discuss your case, schedule a free consultation today.

Frequently Asked Questions

Does Georgia's Any-Amount Drug DUI Rule Apply to Marijuana?

No. The Georgia Supreme Court held in Love v. State, 271 Ga. 398 (1999), that the any-amount per se rule cannot be applied to marijuana. A marijuana DUI must be charged as a less safe offense. The State must prove the drug made the driver less safe.

What Are the Penalties for a First Drug DUI in Georgia?

A first drug DUI carries a fine of not less than $300 and not more than $1,000. Jail ranges from 10 days to 12 months and is fully probatable if no alcohol test showed 0.08 or more. The defendant must complete at least 40 hours of community service. A Risk Reduction Program is required within 120 days of the conviction. A clinical evaluation is required unless the court waives it. If the jail sentence is fewer than 12 months, probation of 12 months less any days actually served is required. The license suspension is at least 180 days.

How Long Will My License Be Suspended for a Drug DUI Conviction in Georgia?

A first drug DUI conviction brings a suspension of not less than 180 days. A second conviction within five years brings a three-year suspension, with reinstatement possible after one year. A third conviction within five years makes the driver a habitual violator and the license is revoked. These periods are set by statute and are separate from any administrative suspension.

How Long Do I Have to Request an ALS Hearing After a Georgia DUI Arrest?

You have 30 days from the date the officer serves the suspension notice to request an administrative hearing, and the written request must include the $150 filing fee. This deadline is commonly misstated as 10 days. Missing it waives your right to challenge the administrative suspension.

Can I Be Convicted of DUI in Georgia If I Was Taking a Legally Prescribed Medication?

Yes, but the standard is higher. A driver who is legally entitled to use a drug violates the statute only if the drug rendered the person incapable of driving safely. Having a valid prescription is not a complete defense.