GEORGIA DUI/ DWI
Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!
Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.
GEORGIA DUI/ DWI REGULATIONS
In Georgia, the Blood Alcohol Content (BAC) limit is set at:
0.08% – for drivers over 21 years of age
0.04% – for commercial drivers (CDL)
0.02% – for drivers under 21 years of age
DUI convictions stay on your driving record for the rest of your life.
Having a license in the state of Georgia automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test.
Refusing to take the chemical test will result in your license being revoked for 1 year. If you are convicted of DUI/DWI, 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.
Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.
GEORGIA DUI/ DWI PENALTIES
If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!
If you are over 21 years old:
1st Offense
- Is considered to be a Simple Misdemeanor.
- Imprisonment for 10 days to 12 months (minimum 24 hours).
- A $300 to $1,000 fine.
- Points will be added to your driving record.
- Your license will be suspended for up to 1 year.
- A $410 fee for license reinstatement.
- DUI Alcohol or Drug Risk Reduction Program and all associated costs.
- 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 a minimum of 20 hours if your BAC is less than 0.08%.
- You will face 12 months probation but any actual incarceration will be adjusted accordingly.
2nd Offense
(within 5 years “multiple offender”)
- Is treated as a Misdemeanor.
- Imprisonment for 90 days to 12 months (minimum 48 hours).
- A $600 to $1,000 fine.
- Points will be added to your driving record.
- Your license will be revoked for 2 years to 3 years.
- A $410 fee for license reinstatement.
- Your name, address, and photo published in your local newspaper (you must pay for this).
- Possible interlock ignition device.
- You may be eligible to apply for a Limited Driving Permit once you complete 1 year of the denial period and Risk Reduction Program, Clinical Evaluation and Treatment (if directed). You are responsible for all associated costs.
- You will have to undertake a minimum of 30 days of community service.
- You will face 12 months of probation. An actual incarceration period will be adjusted accordingly.
3rd Offense
(within 5 years “Habitual Offender”)
- Is treated as a High and Aggravated Misdemeanor.
- Imprisonment for 120 days to 12 months (minimum 15 days).
- A $1,000 to $5,000 fine.
- $410 fee for license reinstatement.
- Possible interlock ignition device and limited driving permit after 2 years.
- Your name, address, and photo published in your local newspaper (you must pay for this).
- Points will be added to your driving record.
- Your license will be revoked for 5 years and your license plates will be confiscated.
- You may be eligible to apply for a Limited Driving Permit once you complete 1 year of the denial period and the Risk Reduction Program, a Clinical Evaluation and Treatment (if directed). You are responsible for all associated costs.
- You will have to undertake minimum 30 days of community service.
If you are under 21 years old:
DRIVERS AGE 16 TO 20
1st Offense
- Is treated as a Misdemeanor.
- License suspension for 6 months (if your BAC is under 0.08%) or 12 months (if your BAC is 0.08% or higher; this is with or without an administrative license suspension).
- $210 fee.
- DUI Alcohol or Drug Risk Reduction Program and all associated costs.
NOTE: If you end up with an administrative license suspension, you’re able to get a limited driving permit; however, that permit is cancelled if you’re found guilty. See below for more information on limited driving permits.
2nd Offense
Regardless of BAC, a 2nd offense within 5 years entails:
- Is treated as a Misdemeanor.
- License suspension for 18 months.
- $310 fee.
- DUI Alcohol or Drug Risk Reduction Program and all associated costs.
- Clinical evaluation and possible treatment.
- Ignition interlock device and permit with court permission (usually after 120 days).
3rd Offense
(within 5 years “Habitual Offender”)
- Is treated as a High and Aggravated Misdemeanor.
- License suspension for 5 years.
- $410 fee.
- DUI Alcohol or Drug Risk Reduction Program and all associated costs.
- Clinical evaluation and possible treatment.
- Ignition interlock device and habitual violator probationary license with court permission (usually after 2 years).
DRIVERS AGE 15 and Younger
1st Offense
- Is treated as a Misdemeanor.
- License suspension until 17 years old.
- $210 fee.
- DUI Alcohol or Drug Risk Reduction Program and all associated costs.
2nd Offense
- Is treated as a Misdemeanor.
- License suspension until 18 years old.
- $310 fee.
- DUI Alcohol or Drug Risk Reduction Program and all associated costs.
3rd Offense
(within 5 years “Habitual Offender”)
- Is treated as a High and Aggravated Misdemeanor.
- License suspension until 18 years old.
- $410 fee.
- DUI Alcohol or Drug Risk Reduction Program and all associated costs.
Aside from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.
GEORGIA PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)
- Points will be added to your driving record and you will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours if you have any detectable BAC under 0.04%. Your vehicle will be impounded until this period ends.
- You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
- Aside from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers.
Visit the FMCSA’s Disqualification of Drivers for specific information.
GEORGIA 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:
- The driver is age 21 and over and is driving with BAC 0.08% or more.
- The driver is under age 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 1st offense). In addition, he will 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, their license will be suspended or revoked based on their previous 5-year driving record. The driver’s license will be revoked for 2 years if there are any alcohol-related convictions or suspensions in this 5-year period. 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
GEORGIA LICENSE REINSTATEMENT for 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.
- 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 10 years) and, if directed, complete a Substance Abuse Treatment Program. You must also pay the reinstatement fee of $410, and maintain proof of financial responsibility by filing SR-22, if you are over 21 years old.
- If you are being convicted for a 2nd time, you can apply for an ignition interlock device and limited driving permit at the end of 12 months. (After your driver’s license is suspended provided you meet the requirements.)
REINSTATING A HABITUAL VIOLATOR’S LICENSE:
If you’ve reached 3 DUI convictions, you’re considered a Habitual Violator (HV), which carries mandatory license revocation. You might be eligible for a probationary license after 2 years of the revocation, depending on past situations (you generally can’t get a probationary license if you have a history of underage alcohol violations, moving violations, or drug offenses, including marijuana). You may become eligible for license reinstatement after:
- 5 years have passed since the DMV began calculating your reinstatement eligibility.
- You’ve submitted a completion certificate from a DMV or court-ordered driver improvement clinic.
- You’ve surrendered any permits or probationary licenses.
You can submit the reinstatement application and fees (Monday-Friday from 7:00am to 5:15pm, 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 GEORGIA PENALTY INFORMATION
Controlled Substance and Marijuana Possession:
If you’re convicted of possessing, distributing, or using an illegal controlled substance or marijuana, it also affects your driving privileges―even if it took place outside of your car. You face:
- License suspension for 180 days (1st offense), 1 year (2nd offense), or 5 years (3rd offense; eligible for a limited driving permit after 2 years).
- DUI Alcohol or Drug Risk Reduction Program and all associated costs.
- $210 fee for license reinstatement.
- Possible limited driving permit.
NOTE: These are in addition to any other court-imposed penalties, such as jail time.
ALCOHOL OR DRUG RISK REDUCTION PROGRAM
Regardless of your age or offense number, you’ll have to complete a DUI Alcohol or Drug Risk Reduction Program (RRP). Georgia’s RRPs consist of two components:
- The Assessment Component – which consists of 130 questions that determine the impact the driver’s alcohol and drug use has on his or her driving.
- The Intervention Component – a course that lasts 20 hours, takes place in a group setting, and consists of several sessions.
Your RRP cost is $355. This includes the Assessment Component ($100), the Intervention Component ($235), and the workbook ($20).
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. The state doesn’t accept online courses.
Your judge most likely will provide you with a list of RRPs you can enroll in, but the state also provides an online list of certified DUI schools. You must complete the RRP before you can apply for a limited driving permit or license reinstatement. Visit the state’s DUI FAQ section for more information about GA DUI schools, including attendance policies.
APPLYING FOR A LIMITED DRIVING PERMIT
Every DUI conviction causes a suspended license. However, some drivers are eligible for limited driving through a limited driving permit. This allows you to travel to and from:
- Your place of employment, or to perform employment-related tasks.
- Scheduled doctor appointments and to fill prescriptions.
- College or other school courses.
- RRP meetings or other drug and alcohol support groups, assessment courses, and treatment programs.
You won’t formally apply for a limited driving permit; your judge will determine whether you’re eligible based on factors like your age, offense number, and how long your license must be suspended (see your penalties above). If your judge grants you a limited driving permit, expect to pay:
- Limited permit: $25
- Limited permit renewal: $5
- Limited permit replacement: $20
- Controlled substance permit: $25
- Habitual Violator probationary license (HVPL): $210
- HVPL replacement: $20
If you violate any of the conditions of your limited permit, the judge will revoke it and add 6 months onto your original suspension period.