• State Penal Code – 40-6-391
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – Yes – weekly
• Alcohol Exclusion Laws Limiting Treatment – Yes

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Georgia are:

1st Refusal

• 1 year license suspension

2nd Refusal

• 3 year license suspension

3rd Refusal

• 5 year license suspension

• In Georgia the lookback period is 10 years
• Any arrest for DUI/DWI within 10 years of your first offense results in higher penalties

Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
A BAC of .08% and above will result in the same penalties as drivers 21 and over

1st Offense

• 6 month license suspension
• $300 – $1000 fine
• 20 hours Community Service
• DUI Alcohol or Drug Risk Reduction Program

2nd Offense

• 3 year license suspension
• $600 – $1000 fine
• Prison (3 day minimum)
• Community Service (30 hour minimum)
• DUI Alcohol or Drug Risk Reduction Program
• Installation of Ignition Interlock Device

1st Offense

• license suspended (1 year maximum)

• $300 – $1000 fine

• Prison (1 year maximum, may be less or none at judge’s discretion)
• 40 hours Community Service
• DUI Alcohol or Drug Risk Reduction Program

2nd Offense

• 3 year license suspension

• $600 – $1000 fine

• Prison (48 hour day minimum, 1 year maximum)
• Community Service (30 day minimum)
• DUI Alcohol or Drug Risk Reduction Program
• Installation of Ignition Interlock Device

• Georgia does not have any official policy that calls for higher penalties in the case of high BAC
• Generally speaking BAC of .15% or above will result in more severe penalties
• This is entirely dependent on the circumstances of the violation and the discretion of the judge
• The Aggravated designation comes into play if a third violation is committed within the 10 year lookback period This carries severe penalties, including being labeled a “Habitual Violator”. See section below for details

– Upon committing a third DUI/DWI offense within the 10 year lookback period you will be designated a Habitual Violator.

– This status will remain on your driving record permanently and you will incur the following penalties:

• automatic 5 year license revocation
• $1000 to $5000 fine
• Prison (15 day minimum)
• 30 day Community Service
• DUI Alcohol and Drug Risk Reduction Program
• Installation of Ignition Interlock Device
• Your name, address and photo will be published in the local newspaper at your expense

– You may be eligible to reapply for a conditional license after a 2 year waiting period. However, your driving privileges will be extremely restricted.

– Should you violate your restrictions, or commit any other separate violation (DUI/DWI, driving while license is still revoked), you will face hefty mandatory fines and a lengthy prison sentence.

• DUI/DWI offenses committed in Georgia typically result in a sentence that requires you to complete the Alcohol and Drug Risk Reduction Program (RRP). This program consists of two sections. These are, Assessment, and Intervention.
• During the Assessment portion, you are required to complete a 130 question form that is used to determine the impact of drugs and alcohol on your driving.
• This is followed by the Intervention portion. This consists of a 20 hour, multi session course in a group setting.

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL revocation
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL.

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In Georgia an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• Georgia does not allow for plea bargains in DUI/DWI cases therefore Wet Reckless does not apply