Georgia Criminal Defense Lawyer Blog
These materials cover various Georgia DUI laws, and roughly two dozen could apply to your pending case. Seeing this maze of legal rules and statutes is proof positive that a person should never try to self-represent.
If money is an issue, then seek to qualify for a public defender, at the State’s cost. The United States Constitution guarantees that those who prove indigency can get legal counsel to help them with their case.
Because every DUI conviction in Georgia cannot EVER be removed from your criminal record, fighting these cases is imperative. Because our award-winning law firm knows how important it is for citizens charged with this crime to get IMMEDIATE information on how to protect their right to keep driving, we offer an initial FREE lawyer consultation on all Georgia DUI cases. Dial 404-567-5515 and do it NOW, 24 hours a day.
- Criminal Statutes (Title 40, Ch. 6 – Uniform Rules of the Road)
| § 40-6-391 | Core DUI offense – alcohol, drugs, toxic vapors; DUI-per-se limits; DUI-“less safe”; child-endangerment, penalties, notice of conviction publication. |
| § 40-6-391.1 | Nolo contendere plea limits; required alcohol–drug course for nolo disposition. |
| § 40-6-391.2 | Seizure & forfeiture of vehicle after habitual DUI convictions. |
| § 40-6-391.3 | Enhanced penalties for DUI while operating a school bus. |
| § 40-6-392 | Admissibility requirements for chemical test results; GBI oversight of methods & instruments. |
| § 40-6-393 | Homicide by vehicle (which includes DUI-based homicide crashes). |
| § 40-6-393.1 | Feticide by vehicle (when a DUI-related crash kills a fetus). |
| § 40-6-394 | Serious injury by vehicle (which can be based on either DUI or reckless driving under § 40-6-390). |
| § 40-6-395 | Felony fleeing and/or attempting to elude when DUI driver is involved (listed in DDS tables). |
| § 40-6-397 | Aggressive driving; designated as a “serious traffic offense” in DDS charts. |
| § 40-6-253 | Open container violation for having an open alcohol container in the passenger area of a motor vehicle, regardless of whether liquid is still present. |
- Definitions Needed for DUI Enforcement
| Code section | Key definitions |
| § 40-1-1 | “Alcohol concentration,” “driver,” “passenger area,” etc. (incorporated by § 40-6-391 & § 40-6-253) |
| § 16-13-21 | “Controlled substance” definition cross-referenced in § 40-6-391(a)(6) |
- Implied-Consent & Chemical-Testing Statutes (Title 40, Ch. 5 – Drivers’ Licenses)
| Code section | Purpose |
| § 40-5-55 | General implied-consent to blood, breath, urine tests; applies after DUI arrest or serious-injury crash. |
| § 40-5-67 | Seizure of driver’s license at DUI arrest; 30-day temporary permit. |
| § 40-5-67.1 | Implied-consent notice, test-refusal consequences, administrative license-suspension (ALS) hearing procedures. |
| § 40-5-67.2 | Terms & conditions of ALS suspensions and early reinstatement after a §67.1 refusal or test over the legal limit. |
| § 40-5-57.1 | Mandatory revocation periods for drivers under 21 after DUI conviction. |
| § 40-5-63 | Suspension periods for repeat DUI convictions & point-related withdrawals. |
| § 40-5-64 | Limited driving permits; ignition-interlock requirements (cross-references §67.2). |
| § 40-5-75 | Automatic suspension for drug-based DUI conviction or drug possession while driving. |
| § 40-5-151 | Commercial-driver disqualifications tied to DUI or implied-consent refusal (cross-referenced in §40-5-153). |
| § 40-5-153 | Commercial-motor-vehicle implied consent rule (breath/blood/urine) for CDL drivers. |
- Commercial Driver & Under-Age Driver Punishment Enhancements
| Code section | Highlights |
| § 40-6-391(i) | 0.04 g % “per se” alcohol limit while operating a commercial motor vehicle. |
| § 40-6-391(k) | 0.02 g % “zero-tolerance” limit for drivers under 21 (cross-referenced by § 40-5-67.1 notice). |
- Published State Regulations Governing DUI Chemical Testing
Georgia Bureau of Investigation – Division of Forensic Sciences
“Implied Consent” Rules, Ga. Comp. R. & Regs. Ch. 92-3 (adopted under § 40-6-392)
| Rule | Topic |
| 92-3-.01 | Scope & information requests |
| 92-3-.02 | Operator permitting – blood, breath, urine or other bodily substances. |
| 92-3-.03 | Permit application procedures. |
| 92-3-.04 | Permit renewal & mandatory refresher (Intoxilyzer 9000 transition). |
| 92-3-.05 | Permit revocation & disciplinary action (rule text) |
| 92-3-.06 | Techniques & methods: approval of evidential instruments; Intoxilyzer 9000 designated sole approved breath analyzer since 1 Jan 2013; periodic inspections & calibration requirements. |
| 92-3-.07 | Chain-of-custody & rules and maintaining the sample integrity (for blood or urine sample collected by law enforcement) |
Supplementary GBI publications (enforceable via Rule 92-3-.06):
- “Intoxilyzer 9000 Georgia Operator’s Training Manual” (2018 rev.), citing Rules 92-3-.06(12)(a) & 92-3-.02 for breath testing method approval.
- GBI circulars establishing the phased retirement of the Intoxilyzer 5000 and mandatory operator transition classes.
- Ancillary Criminal & Traffic Offenses Which are often Charged with DUI
| Statute | Offense |
| § 40-6-390 | Reckless driving (predicate for § 40-6-394 serious injury felony charges). |
| § 40-6-395 | Felony fleeing/attempting to elude while DUI (DDS “major” felony). |
| § 40-6-397 | Aggressive driving (DDS major felony offense when it is DUI-related). |
- Attorney-General Opinions Interpreting Georgia DUI / Open-Container Law
| Opinion No. | Holding |
| Atty Gen. Official Op. 2008-7 (Sept 24 2008) | Senate Bill 55’s amendments to § 3-6-4 and § 40-6-253 comply with federal open-container requirements in 23 U.S.C. § 154, preventing loss of ~$27 million in federal highway funds. |
(No other published AG opinions to date construe §§ 40-6-391 through 40-6-397, the implied-consent statutes, or GBI Rule 92-3.)
- Quick Reference – Where Each Body of Law Fits
- Criminal DUI conduct & penalties → Title 40, Article 15 (§§ 40-6-391).
- Chemical-test admissibility & forensic oversight → § 40-6-392 + GBI Rules Ch. 92-3.
- Implied consent / administrative license sanctions → §§ 40-5-55, 40-5-67 through 67.2.
- Open container → § 40-6-253 (+ AG Op. 2008-7 for federal compliance).
- Commercial & under-age limits → § 40-6-391(i), (k) and § 40-5-153.
- Device approval, operator permits, calibration → Comp. R. & Regs. 92-3-.06.
Taken together, these statutes and regulations form the comprehensive, current framework governing every aspect of DUI enforcement in the Peach State, including post-arrest testing, prosecution, and overseeing licensing in the State of Georgia. Trying to defend yourself in a DUI case is beyond foolhardy. Because the first 30 days after arrest are CRUCIAL, call as soon after arrest as possible, to PROTECT YOUR RIGHT TO KEEP DRIVING. 404-567-5515.
