DUI basics in Georgia

On Behalf of | Jul 9, 2020 | criminal defense

You may be familiar with the term driving under the influence, but you may not know that there are differing degrees of DUIs. In Georgia, there are two different ways to violate DUI laws. 

We understand how the law applies to DUIs and have helped many of our clients with their cases. 

Two types of DUI charges 

According to FindLaw experts, there are two distinct types of DUI charges. 

  • DUI “per se.” This charge applies when you are driving with a blood alcohol content of .08 or higher. Even if your driving does not demonstrate an impaired ability to drive, you are over the legal limit of .08. You may be able to refute this charge if you think the breathalyzer or chemical test is incorrect.  
  • Driving under the influence. You may face a DUI charge even if your BAC is not over the legal limit. In this case, the officer may administer a field sobriety test to determine your level of impairment. In a DUI case, the District Attorney must prove that you were driving while impaired due to the consumption of alcohol or drugs.  

Penalties for DUI charges 

The fines and penalties will increase with each DUI charge you receive. The first offense is punishable by a fine of up to $1,000, no more than one year in jail, suspension of your license for up to one year, probation, 40 community service house and an education program on DUIs. The fourth offense becomes a felony and you may see fines as high as $5,000, along with up to five years in state prison. More information about this topic is available on our webpage.