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DUI/DWI FAQ in Georgia


• I live in Georgia and have been detained for my first offense for DUI ever. What will happen?

If this is your first offense, probable punishments consist of a fine or confinement time of anywhere from ten days to one year. You will spend the first night in confinement unless your blood-alcohol content (BAC) was less than .08 grams.

If you plead guilty or are convicted of DUI, it is compulsory that you receive at least twelve months’ probation (less any jail time served). In addition, you must complete at least 40 hours of community service (if you are under 21, it is at least 20 hours).

Your license will be suspended for at least one year if you are over age 21. You may have to complete a course at DUI school. There is a fee to reinstate your license. Partial driving privileges are possible for you to go to school and work. Under age 21 and under .08 BAC, your license will be suspended for no less than six months. Over .08 BAC it is at least one year’s suspension. But, the prosecuting cop may be able to prove that you were driving unsafely at .05 BAC. It is always best to never drink and drive.

Your sentence is given at your sentencing hearing.


• How much can I have to drink and still drive legally?

In Georgia, the legal blood-alcohol content (BAC) is .08. Keep In Mind that one drink may affect you at a certain body weight and height differently than it affects someone else. It is sensible to never drink and drive. Also, prescription and nonprescription drugs hold the same penalties if you should of have known that you would be impaired to operate a car or machinery.

Also, check your insurance policy closely. Many policies are not effective if you have had any alcohol to drink, even if you are not over the legal limit. This limitation varies between insurance companies.


• What takes place if I’ve been drinking, but I am pulled over for something else?

You may be pulled over for a poor driving ability such as weaving, driving slowly or speeding, or many other reasons, or even because you have a tail light out on your car. If the police officer believes you may be under the influence of drugs or alcohol, it does not matter why you were pulled to the side. You may be asked to perform field sobriety tests or give to a chemical test.

The cop is rightly within legal rights to ask you to cooperate. You may be arrested if you refuse to do so, and, no matter what the final results, your driver’s license may be suspended for three months to one year for refusal to perform field sobriety tests. Cooperation with law enforcement is one of the criteria you agree to for the licence of holding a driver’s license.


• Can I call my lawyer when I’m stopped before I commit to taking field sobriety tests or a chemical test to resolve my blood-alcohol content?

You cannot make contact with an attorney until you go to the police station. Keep In Mind, if you refuse to cooperate with the police officer, this data can be brought up at a jury trial and the jurors may look less favorably on your case.


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