Georgia’s Legal BAC Levels
In the State of Georgia, the BAC limit varies depending on the category of driver. Here are the BAC limits for the following categories of drivers: (a) Standard drivers, (b) commercial drivers, and (c) underage drivers.
Standard Drivers
The legal limit for standard drivers in Georgia operating a non-commercial motor vehicle is a BAC of .08%. If you get pulled over and you have a BAC of .08 or higher it may result in your arrest and criminal prosecution. A plus factor would be that the arresting officer must have grounds, probable cause, to initiate the traffic stop in the first place. If he or she did not, then the jury might consider essentially tossing out the breath machine result and even throwing out evidence of the standard field sobriety tests .
Commercial Drivers
The legal limit for commercial drivers in Georgia operating a commercial motor vehicle is a BAC of .04%. Again, if you’re stopped with a .04 BAC or higher, you may get arrested and more serious charges filed, such as DUI in Georgia. In addition to the general criminal laws, and the license administrative law, you will be subject to the Federal Motor Carrier Safety Administration Regulations, (FMCSR).
Underage Drivers
Georgia has established a zero-tolerance policy for underage drinking and driving in accordance with the Georgia Youth Alcohol Prevention Act O.C.G.A. § 40-6-391(a)(1). Essentially, any minor under age 21 operating a motor vehicle with a BAC of .02% or higher can be arrested for DUI, even individuals who have not been drinking but had alcohol in their system from drinking the night before.
Dangers of Ignoring BAC Laws
When it comes to the penalties for exceeding the BAC limit, Georgia is quite strict. The penalties for being convicted of driving under the influence of alcohol in Georgia are much more severe than those in many other states. With such harsh consequences at risk, it is crucial that you fully understand the possible implications of BAC limits and penalties for exceeding them.
The punishment for a first DUI offense can include a one year suspension of your driver’s license. If your license is suspended, you may be able to apply for a limited driving permit that will allow you to drive to work, to school, for medical reasons, and a few other exceptions. Once your suspension is up, you will not have to take a driving test to get your license back, however you may have to pay a fee to have your license reinstate.
The fine for driving under the influence in Georgia can be up to $1,000. If you are sentenced to a minimum of 10 days in jail, this will be withheld on all but 24 hours of the sentence. You must also pay a $25 fee to enter a DUI Alcohol or Drug Use Risk Reduction Course and a clinical evaluation for the Alcohol and Drug Abuse Services Program (ADDAP).
The consequences for a second DUI offense are much more severe. A second DUI offense is a misdemeanor of high and aggravated nature. This means that, upon conviction, you will have to serve at least 90 days in jail; the maximum is one year. The first 60 days must be served in jail—a judge may allow house arrest for the remainder of the 30 days. Along with the jail time, you will have to pay a fine of $250-$1,000, perform community service, and complete a substance abuse treatment program.
For a third DUI within a five-year period (or within a 10-year period in some cases), you will be prosecuted as a felony. This means that you will have to serve a minimum of 120 days in jail up to five years in prison. You will have to pay a fine of $750-$5,000, complete community service, and attend a substance abuse treatment program. You may also be required to install an ignition interlock device on your car.
How Georgia Measures BAC Levels
Once a motorist has been stopped under suspicion of driving under the influence, the officer has a couple of different options for determining their blood alcohol content at that point. These may include portable breath testing and chemical testing. Under O.C.G.A. § 40-6-392, the driver can be required to submit themselves to the testing. Refusal to submit to testing is a violation of Georgia law and will result in penalties.
Often the preliminary test will be a portable breath testing device administered by the arresting officer. This is not, however, an alternative to chemical testing. Refusal to take chemical testing can result in penalties just as severe as a drunk driving charge itself. Georgia officials will generally offer you a choice between blood, breath, and urine testing. While you may select which method you prefer, it is important to understand that refusing to submit to testing when requested is not an option.
The only time you will receive a blood test rather than a breath test is in the case of a medical emergency that precludes submission to a breath test. Any delays in the process of chemical testing may invoke a "rapidly dissipating" chemical as your blood alcohol content is actively dropping. In this case, the officer may require a blood or other type of test.
Chemical testing that is operated by a certified Department of Public Safety analyst must include warranties and particular scientific procedures for controlling the accuracy of the devices. These procedures include, but are not limited to:
The penalties for refusing to submit to chemical testing are concerningly steep. First-time offenders face: Penalties for DUI that are charged concurrently with other offenses will not be permitted to substitute one for the other. An individual may be charged with violating Georgia DUI laws on top of any other given traffic charge that is issued and any consequences thereof will occur concurrently with penalties for the DUI conviction.
How to Prevent Alcohol-Related Crashes
Reducing Alcohol-Related Accidents in Georgia
In recent years, there has been a greater emphasis placed on reducing the amount of traffic accidents caused by alcohol impaired drivers. Alcohol and drugs have been shown to be a significant factor in many crashes, whether they were caused by the driver or not. To help address this issue, police forces in Georgia are cracking down on impaired driving through a number of different campaigns and initiatives. These days, sobriety checkpoints are one of the major ways that police look to catch impaired drivers .
Throughout the year, parks, schools, and roads will be closed to allow officers to conduct sobriety checkpoints. Vehicles moving into those areas will be stopped and the driver’s sobriety will be checked. In addition to sobriety checkpoints, the Georgia State Patrol and other law enforcement agencies throughout the state will be conducting DUI patrols as well. Impaired drivers are always difficult to deal with, but with officers keeping a sharp lookout for them and conducting patrols, it is hoped that the number of DUI related crashes will be reduced.
Georgia DUI Legal Offenses
Legal defenses for DUI in Georgia can include improper stop and/or illegal test results
There are several DUI legal defenses available in Georgia to help those accused of the offense: improper stop, illegal test, omitted video footage. Many people do not realize or understand that there may be a legal issue where police violate their Fourth Amendment right to not be searched and/or seized with probable cause. Your rights are being violated if the officer did not see a traffic offense (obeying red light at an intersection is not a traffic offense) so he pulled you over to see if you had committed a DUI. After pulling you over, the officer asked politely if you had been drinking, noted the smell of alcohol and either brought out the breathalyzer machine or told you to blow into the handheld breathalyzer machine. This is illegal. The officer needed probable cause that you had committed some kind of crime before he could ask about drinking alcohol. On what probable cause basis did he conclude you had committed a crime? He simply smelled the odor of alcohol and then assumed he was right. What if he is wrong? He wrongly seized you based on his hunch, which is a violation of your 4th Amendment rights. This is known as probability suspicion arrest. Georgia DUI law requires that a police officer needs probable cause that you committed a crime before he can stop you, such as running a red light or an illegal tag. If you are stopped for any other reason, such as failure to maintain lane, you can get your DUI offense dismissed. There is no exception for DUI and no probable cause exception to stop you on an assumption that you have committed a traffic offense.
How Georgia Compares to Other States
Georgia’s legal alcohol levels and penalties for DUIs are similar to those in Virginia and South Carolina, taking into account a decrease in blood alcohol concentration, or BAC, in Georgia. In the states surrounding Georgia, however, there is not much of a difference in the punishment for driving with a BAC between Georgia and its neighboring states.
Georgia and Alabama
The legal limits for DUI in Georgia and Alabama are the same. In Georgia, a person who is 21 years of age or older is guilty of DUI if his or her BAC is .08 grams or more per 210 liters of breath. In Alabama, it is illegal to operate a motor vehicle if a person’s BAC is 0.08% or higher. The penalties for DUI in Alabama range from $500 up to $10,000 and up to a year in prison, or 30 days of community service.
Georgia and Florida
In Georgia, a driver can be found guilty of DUI based on impairment from any substance, including prescription or over-the-counter medication. The legal limit in Georgia is .08% but a driver can also be punished for having a BAC lower than that level. There are two types of DUI offenses in Georgia: driving under the influence of alcohol or drugs, or a combination of the two. The penalties for DUI in Florida are varied and depend on the severity of the offense. The first offense carries penalties between $500 to $1,000. For a second offense, it carries penalties between $1,000 and $2,000. Penalties for a third offense are between $2,000 and $5,000 . For a fourth offense, the penalty is a minimum of $4,000. A DUI with serious bodily injury carries a minimum term of imprisonment of 3 years and the fines are between $1,000 and $5,000.
Georgia and Tennessee
The legal limits for DUI in Georgia and Tennessee are similar. In Tennessee, a person violates the DUI law if he or she is intoxicated or drugged. The legal limit for DUI in Tennessee is 0.08%. When second and subsequent DUIs are maximum penalties for both states are 45 days in jail and $3,500 in fines. For a third offense, the penalties increase to 120 days in jail and $10,000 in fines.
Georgia and South Carolina
The legal limits for DUI in Georgia and South Carolina are almost the same. A Georgia driver over 21 is guilty of DUI if his or her BAC is above .08 grams. The only difference between South Carolina and Georgia is the legal limit for commercial truck drivers, which is between .04% and likely .02% in South Carolina, and is .04% in Georgia. A first offense in South Carolina carries a fine between $400 and $1,000 and up to 90 days in jail. The fine for a second offense is between $3,800 and $5,100 and up to one year in jail. For a third offense, the fine is between $5,100 and $7,500 up to three years in prison. In Georgia, a first offense DUI carries only a $300 fine and a one year license suspension, while a second offense carries a $600 fine and a three year license suspension.