Understanding DUI Limits in Georgia: How Many Are There?
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Driving under the influence (DUI) of alcohol carries serious penalties nationwide, but different states have different rules and processes for dealing with drunk driving. Whether you're facing a DUI charge or you're unsure of the legal limit, it's important to understand Georgia DUI laws so you can remain compliant with state regulations.
Introduction to DUI Limits in Georgia
Like other states, DUIs in Georgia are subject to standard blood alcohol concentration (BAC) readings. This common metric analyzes the amount of alcohol in a person's blood, measured as a percentage. Usually, it's taken via a breath test using a device known as a breathalyzer.
Georgia has different legal alcohol limits for regular drivers, commercial drivers, and underage drivers, and penalties for drunk driving may vary based on factors such as age, type of driver's license, and vehicle classification.
Standard BAC Limit for Most Drivers
Like every other state, Georgia uses a BAC of 0.08% as the legal limit. A driver is considered under the influence of alcohol when their BAC is at or above this legal alcohol limit. It's what's known as a "per se" violation, meaning the BAC alone is enough to support a DUI charge.
It's also important to note that Georgia permits police to charge someone with a DUI if they're deemed "less safe" to drive, even if their BAC is below the legal limit. If an officer observes erratic driving behavior or other signs of impaired driving or reckless driving, they may still bring DUI charges. This most often happens with impaired drivers who have consumed drugs that would not show up in their BAC.
DUI Limits for Commercial Drivers
Since commercial drivers often operate heavier machinery and spend even more time on the road than the average commuter, penalties are stiffer, and the legal limit is lower. The legal limit for commercial drivers in Georgia is 0.04%, calculated within three hours of driving.
Zero-Tolerance DUI Limits for Underage Drivers
Drivers under the age of 21 are not legally allowed to consume alcohol; as such, there is a zero-tolerance policy for underage drivers driving under the influence. That doesn't mean anything over a 0.00% BAC triggers a DUI charge. Many common household products, like mouthwash or cough syrup, contain trace amounts of alcohol that can raise one's BAC, so the legal limit for drivers under 21 is 0.02%.
Penalties for Exceeding DUI Limits in Georgia
DWI vs. DUI Georgia offenses are some of the most severe Georgia traffic violations. Penalties for DUIs vary depending on several factors, but they fall into two categories: administrative license suspension and Georgia DUI proceeding.
After a DUI-related arrest, you have 30 days to file an appeal to prevent license revocation or suspension. Known as the 30-day letter, this administrative period is separate from a DUI criminal proceeding and can retain your driving privileges before your DUI case is resolved. You may either request a hearing or install an ignition interlock device on your vehicle. Failing to do either will result in a license suspension period of one year. It's imperative to take this seriously to avoid a Georgia suspended license.
A DUI case proceeding is separate from the administrative license suspension hearing, and penalties range based on the number of prior convictions, the severity of the incident, and whether there are any aggravating factors. Typically, the consequences are:
- First conviction: Fine of $300 to $1,000, 24 hours to one year of jail time, the possibility of 40 hours of community service, 12 months probation, DUI Alcohol or Drug Use Course, or a substance abuse treatment program
- Second conviction within 10 years: Fine of $600 to $1,000, 72 hours to one year of jail time, a possibility of 240 hours of community service, 12 months probation, DUI Alcohol or Drug Use Course, or a substance abuse treatment program
- Third conviction within 10 years: Fine of $1,000 to $5,000, 15 days to one year of jail time, a possibility 240 hours of community service, 12 months probation, and anything else ordered by the judge — you will have a misdemeanor of a high and aggravated nature on your record
Beyond the legal consequences, you'll also likely see significant increases in the cost of your car insurance and may need to file SR-22 insurance in Georgia to reinstate your license.
Tips for Avoiding DUI Violations
The simplest way to avoid a DUI violation is to not drink before driving. That said, sometimes you have a drink with friends after work before driving home.
While it's unlikely a single drink will put you over the legal limit, it's still a good idea to drink plenty of water and wait several minutes after finishing your one drink before getting behind the wheel of a car. Better yet, if you know you're going to be drinking, choose a designated driver or call a cab or ride-share service to get you home.
Resources for Georgia Drivers
To learn more about Georgia's DUI laws, visit the Georgia Department of Driver Services' website.
Find Affordable Car Insurance in Georgia Today
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