Frequently Asked Questions about DUI Offenses in Georgia

Driving under the influence, or DUI, is a criminal offense Georgia law enforcement and the criminal justice system take very seriously. No one plans to get pulled over or arrested for DUI, but it happens every day. What is important is that you understand your legal rights and find the best options possible to prevent life-changing consequences. Check out these frequently asked questions (FAQs) about DUI offenses in Georgia. To learn more about your individual situation, contact Giannini Law Office.

FAQs about DUI Offenses in Georgia

Q: What Constitutes a DUI?

A: DUI refers to driving under the influence of alcohol or drugs. In Georgia, the prosecution may attempt to prove the DUI by showing that the driver was under the influence of alcohol and/or drugs to the extent that the driver was less safe to drive than he/she would have been otherwise. Also, Georgia DUI laws make it illegal to operate any motor vehicle with a blood alcohol content (BAC) level of:

• 0.08% or higher for individuals over 21 who are operating a passenger vehicle or boat.
• 0.04% or higher for individuals operating a commercial vehicle.
• 0.02% or higher for individuals younger than 21.

Q: What are the Most Common Reasons People are Pulled Over for Suspicion of DUI?

A: Many people wonder how police officers decide to pull someone over for suspicion of DUI. The most common reasons these traffic stops are made include:

• Speeding
• Failing to maintain lane
• Following too closely
• Racing
• Aggressive driving
• Failing to obey traffic signals or signs
• Texting while driving
• Reckless driving
• Police sobriety checkpoints (aka, roadblocks)

Q: Are Field Sobriety Tests Mandatory?

A: A DUI suspect is not legally required to submit to field sobriety tests. Some police officers will not tell you that these tests are voluntary, but they are. You may refuse the roadside tests without any direct legal consequences. However, if you are arrested for DUI and the police officer asks you to take a blood, breath, or urine test under Georgia’s Implied Consent Law, your refusal to submit to those tests could result in an administrative suspension of your driver’s license for one year.

Q: What are the Penalties for a DUI Conviction in Georgia?

A: While the penalties may vary depending on all circumstances related to each case, in general, the penalties for DUI may include the following:

• First Offense:
  • Driver’s license suspension up to one year
  • Fines up to $1,000
  • Mandatory 40 hours community service
  • Minimum 24 hours in jail, up to one year
• Second Offense:
  • Driver’s license suspension up to three years
  • Fines up to $1,000
  • Minimum 72 hours in jail, up to one year
  • At least 30 days community service
  • Interlock ignition device
• Third Offense:
  • Driver’s License Revocation up to five years
  • Designation as a Habitual Violator
  • Fines up to $5,000
  • Minimum 15 days in jail
  • At least 30 days community service
  • Interlock ignition device

In addition to the possible penalties shown above, every DUI conviction requires 12 months on probation, DUI School, an Alcohol & Drug dependency evaluation and treatment, court surcharges, probation fees, reinstatement fees, and a possible Administrative License Suspension. All of these penalties are generalized and may vary greatly depending on the facts of your case. In fact, most Georgia courts require more than the minimum jail time for second or subsequent DUI convictions,

Of course, these FAQs are only a few commonly asked by people facing a DUI charge. To learn more about your individual situation and what you can do to protect your rights, contact Giannini Law Office today.