Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offence committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In Georgia, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

REGULATIONS FOR DUI/DWI IN GEORGIA

In Georgia the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age and it is set at 0.02% for those under 21. For commercial drivers, the limit is set at 0.04%. BAC of higher than 0.099% (0.100 or higher) will mean violation of subsection ‘a' of the DUI code.

Having a Georgia license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked for a year.

Points will be added to your driving record and your license will be suspended or revoked, if you convicted of DUI/DWI. The number of points assessed, depend on the severity of the offense and the number of times you have been convicted for it.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first offense is considered to be a Simple Misdemeanor and may result in imprisonment for ten days to 12 months (minimum 24 hours) and/or up to a $300- $1,000 fine. Also, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
   • Points will be added to your driving record.
   • Your license will be suspended for 120 days.
   • You may be eligible to drive with a ‘temporary driving permit' for a $25 charge, for 30 days and apply for a Limited Driving Permit.
   • You will have to undertake minimum 40 hours of community service, it will be minimum 20 hours if BAC less than 0.08
   • You will face 12 months probation but any actual incarceration will be adjusted accordingly.
2. The second offense or two offenses in five years ("multiple offender") may result in imprisonment for 90 days - 12 months and/or up to a $600- $1000 fine. Also, if convicted for the second offense of DWI, DUID or BAC:
   • Points will be added to your driving record.
   • Your license will be revoked for two years, for three years if convicted under subsection ‘a'.
   • You may be eligible to apply for a Limited Driving Permit once you complete one year of the denial period and the Risk Reduction Program, a Clinical Evaluation, and Treatment -if directed.
   • You will have to undertake minimum 30 days of community service.
   • You will face 12 months of probation but any actual incarceration period will be adjusted accordingly.
3. The third and subsequent offense or three offenses in five years may result in imprisonment for 120 days - 12 months and/or up to a $1,000- $5000 fine. Also, if convicted for the third offense of DWI, DUID or BAC:
4. Points will be added to your driving record.
5. Your license will be revoked for five years.
   • You may be eligible to apply for a Limited Driving Permit once you complete one year of the denial period and the Risk Reduction Program, a Clinical Evaluation, and Treatment -if directed.
   • You will have to undertake minimum 30 days of community service.

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

1. The license may be suspended for six months if BAC is between 0.02 and 0.08 after the first conviction, for at least 18 months after the second conviction. First and second convictions are treated as Misdemeanors.
2. If BAC is more than 0.08 then the license may be suspended for at least 12 months. Following the third or subsequent conviction (treated as High and Aggravated Misdemeanors) within five years for DUI or BAC or a combination of other convictions you will be called a habitual offender and your license will be revoked for at least five years.
3. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. Points will be added to your driving record and you will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%. You will also be issued an "out-of-service" order valid for 24 hours by the arresting officer if you have any detectable BAC under 0.04% and your vehicle will be impounded till this period ends.
2. You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
3. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

Georgia laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• He/she is aged 21 and above and is driving with BAC 0.08% or more.
• He/she is aged below 21 and is driving with BAC 0.02% or more.

Under this law, if you are arrested for DUI/DWI, the arresting officer will confiscate your Georgia driver license and issue a temporary 30-day driving permit (for first offense), complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Department of Driver Services. The driver can schedule an administrative hearing within 10 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous five-year driving record. If he has an alcohol related convictions or suspensions for this five-year period, his license will be revoked for two years, and if not, then it will be suspended for 120 days. You may be eligible to drive using the Limited Driving Permit for a first or second DUI conviction.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Driver Services, once the period of suspension or revocation is over. Reinstating a license after a suspension or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

1. To complete the reinstatement requirements, you must prove that you have successfully completed a DDS approved DUI Alcohol or Drug Use Risk Reduction Program or a comparable program (the agency will send the proof to the DDS once you have completed the program), undergo a Clinical Evaluation (for 2 or more DUI convictions in ten years) and, if directed, complete a Substance Abuse Treatment Program, pay the reinstatement fee of $210 (in person) and $200 by mail, and maintain proof of financial responsibility by filing SR-22, if you are over 21 years old.
2. If you are being convicted for a second time, you can apply for an ignition interlock device limited driving permit at the end of 12 months after your driver's license is suspended provided you meet the requirements.
3. You can submit the reinstatement application and fees (Monday-Friday from 7:00 am to 5:15 pm, except for state holidays) in person at a DDS office near you.

You can also send reinstatement requirements by mail to:

Georgia Department of Driver Services
Post Office Box 80447
Conyers, GA 30013    

You can call: Department Of Driver Services at (678) 413-8400 or (866) 754-3687 for more information.

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.
• The Georgia Department of Driver Services (DDS) does not accept certificates of completion of a DUI program from another state unless the Department of Driver Services approves the program to confirm with the Georgia course guidelines.
• Your photo, name and other details will be published in the newspaper for a second and subsequent conviction.
• You can apply for early reinstatement of license after a mandatory period is completed.