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DUI Charges and Penalties in Georgia

Augusta GA DUI Lawyer

DUI and DWI are used interchangeably for driving under influence or driving while intoxicated. More currently, DUI is being used for driving under influence of alcohol and drugs. Both terms mean that driver was driving a vehicle under some chemical influence.

Blood alcohol content or BAC is tested by urine, blood sample or breath and penalties determined according to result of BAC. In state of Georgia, a BAC equaling to or higher than 0.08% is accountable as DUI and punishable under criminal law. Even if you have a BAC less than 0.08%, you can still be arrested for DUI if officer in charge feels that your ability for driving a vehicle is impaired. Apart from alcohol, consumption of illegal drugs, prescription medicines and over the counter medications can also affect ability to drive a motor vehicle and is considered as DUI.

In Georgia, if you refuse to take the BAC test when a police officer pulls you over, you are liable to be penalized under the Administrative License suspension Law. The penalty is usually suspension of driver’s license for a period of one year. Thus if you are stopped and pulled over and asked to submit to a urine, breath or blood sample, it is in your best interests to submit to it rather than revolt against it if you do not want your license to be suspended.

Court Imposed Penalties

The first DUI offense is charged under misdemeanor and involves $300-$1000 in fine, imprisonment ranging from 10 days to 12 months, community service amounting to between 20 and 40 hours, complete risk reduction program, probation of 12 months, suspension of driver’s license for one year.

Second DUI offense occurring within 5 years of the first misdemeanor results in fine of $600 - $1000, 90 days to 1 year of imprisonment, community service of minimum 30 days, risk reduction program, 12 months of probation, medical evaluation and alcohol treatment program if necessary, suspension of driver’s license for 3 years.

The third DUI offense is filed under high and aggravated misdemeanor and penalties imposed are fine of $1000-$5000, compulsory imprisonment for 120 days to 12 months, community service for 30 days, risk reduction program, completion of substance abuse treatment program, probation of 12 months, suspension of driver’s license for 5 years.

If you are charged with DUI in Georgia, consult a DUI attorney soon. Professional help would be mandatory for legal representation and negotiations of bail amount and penalties. Submit to a chemical test when asked and wait for your attorney before issuing statements or incriminating evidence.