Georgia DUI/DWI Laws: Penalties, Court Process, and Records

In Georgia, it is illegal to operate or be in control of any moving vehicle if you are under the influence of alcohol, drugs, or any other chemical substance to the point that it makes driving unsafe. All impaired driving offenses in Georgia are classified as DUI. This article will cover Georgia's DUI laws, the penalties involved, the court process, how accessible your record is, and the duration that DUI convictions remain on your record.

What Is a DUI in Georgia?

According to O.C.G.A. §40-6-391, a person is guilty of DUI if they are driving or have actual physical control of a vehicle while impaired by alcohol, drugs, or both.

In Georgia, the legal limits are:

• 0.08% BAC for most drivers age 21 and older
• 0.04% BAC for commercial drivers
• 0.02% BAC for drivers under 21 (zero tolerance policy)

It is important to note that Georgia law also permits a conviction for "DUI Less Safe". This means that a driver can be charged if they are deemed less safe to drive due to alcohol or drugs, even if their BAC is under the legal limits.

DUI Penalties in Georgia

Georgia has escalating penalties for repeat DUI convictions within a 10-year look-back period.

• First DUI Offense:
  • A first-time offense results in a fine ranging from $300 to $1,000
  • This type of offense can lead to a jail sentence of at least ten days and up to 12 months
  • Offenders must finish a DUI Alcohol or Drug Use Risk Reduction Program within 120 days after being convicted
  • Offenders may have to complete 20 to 40 hours of community service
• Second DUI Offense (within 10 years):
  • A second offense results in a fine ranging from $600 to $1,000
  • This type of offense can lead to a jail sentence of at least 90 days and up to 12 months (minimum 72 hours mandatory)
  • Offenders may be required to complete 240 hours of community service
  • Each offender’s license will be suspended for 3 years
  • A mandatory ignition interlock device (IID) installation is required for reinstatement
  • A mandatory substance abuse evaluation and treatment must be completed
• Third DUI Offense:
  • A third offense results in a fine ranging from $1,000 to $5,000
  • This type of offense can lead to a jail sentence of at least 120 days and up to 12 months (minimum 15 days mandatory)
  • Each offender’s license will be suspended for 5 years
  • Offenders in this category are declared habitual violators (license plate confiscation and publication of the offender’s name in the local newspaper)
  • A mandatory ignition interlock device (IID) installation is required for reinstatement
• Fourth or Subsequent Offense:
  • A fourth offense is classified as a felony DUI
  • Offenders may pay a fine of up to $5,000
  • This type of offense can result in a jail sentence of at least one year and up to five years in state prison
  • Each offender’s license will be suspended for 5 years.

DUI Arrest and Court Process in Georgia

DUI cases in Georgia include both administrative license actions and criminal proceedings:

1. Traffic Stop and Arrest – When police officers suspect impairment, they are authorized to perform sobriety and chemical tests. If the driver refuses, their license is automatically suspended according to Georgia’s implied consent law.
2. Booking and Charges – The driver gets booked, fingerprinted, and faces charges.
3. Administrative License Suspension (ALS) – Drivers have 30 days to ask for a hearing to dispute the license suspension.
4. Arraignment – The accused is told about the charges and has to enter a plea.
5. Pre-Trial Hearings – The defense may file motions to suppress evidence or question procedures
6. Trial – If the case is not resolved, it goes to a judge or jury.
7. Sentencing – If convicted, penalties can include fines, jail time, license suspension, and treatment programs.

How to Search for DUI Records in Georgia

DUI cases in Georgia are public records. Interested persons can access Georgia’s DUI records via different resources:

• Georgia Judicial Gateway: This portal provides access to court case information, including DUI charges and dispositions.
• Georgia Department of Driver Services (DDS): The Department maintains official driver histories, including DUI convictions, suspensions, and IID requirements. Drivers may request their own record.
• County Clerk of Court: Offers certified case records and sentencing orders in person or by mail.
• Third-Party Background Check Providers: Third-party providers offer a DUI record look-up service for a small fee. However, records might not always be officially accurate.

How Long Does a DUI Stay on Your Record in Georgia?

DUI convictions in Georgia have lasting consequences:

• Criminal Record: A DUI conviction remains permanently on a person’s criminal history. Georgia does not allow DUI convictions to be expunged or restricted under its record-sealing laws.
• Driving Record: A DUI conviction will stay on a Georgia driving record for life.
• Insurance and Employment: Having a DUI conviction usually leads to higher insurance rates for 3 to 5 years.

Georgia recognizes "DUI Less Safe" offenses, which means that drivers can be found guilty even if they do not surpass the BAC limits. Records can be accessed via Georgia's courts and the Department of Driver Services, and these convictions remain on both driving and criminal records permanently. Drivers, employers, and researchers must grasp Georgia's DUI system due to its lasting effects.