What a DUI Combination of A1 and A5 Means in Georgia

What A1 and A5 Mean on a Georgia DUI Citation

A DUI combination of A1 and A5 means the driver was charged under two subsections of Georgia's DUI statute. Subsection (a)(1), known as "DUI less safe," and subsection (a)(5), known as "DUI per se," describe two ways to break the same law during a single drive.

Subsection (a)(1) bars driving under the influence of alcohol to the extent it is less safe for that person to drive. Subsection (a)(5) bars driving with an alcohol concentration of 0.08 grams or more within three hours of driving, from alcohol consumed before the driving ended.

A1 and A5 are shorthand that officers, solicitors, and courts write on the citation and on the accusation. They do not mean two arrests. They also do not describe a separate, more serious combination offense under Georgia law.

Most drivers see this notation for the first time on the ticket, or later on an accusation from the solicitor-general's office. Without an explanation, the phrase looks alarming. In practice, it is one of the most routine charging patterns in Georgia DUI cases.

Why Georgia Officers Charge Both Subsections at Once

The two subsections require different proof. Charging both gives the State two independent paths to one conviction.

If the breath or blood result is suppressed, excluded for a testing problem, or never obtained, the less safe count survives on the officer's observations alone. If the roadside evaluations were done poorly or the officer's observations are thin, the per se number can still carry the case.

This pairing says nothing about how serious a case is. By itself, it does not signal a high alcohol concentration or an aggravated charge.

The pattern usually follows the evidence. A refusal case often produces an (a)(1) count only, because there is no number to charge. A case with a State-administered test above the limit typically produces both counts. Georgia's implied consent framework governs the request for that State-administered test and the notice the officer must read.

How the State Proves Each Charge

The two counts rise and fall on different evidence. A jury may convict on one count and acquit on the other, because each has its own elements.

Proving a Less Safe DUI

Under subsection (a)(1), the State must show that alcohol impaired the driver to the extent it was less safe for that person to drive. No numeric threshold applies, and no chemical test is required.

Prosecutors build this count from the driving itself, the odor of alcohol, bloodshot eyes, slurred speech, and admissions about drinking. They also lean on performance during standardized field sobriety evaluations, such as the horizontal gaze nystagmus test, the walk-and-turn, and the one-leg stand.

That subjectivity cuts both ways. It lets the State charge a driver without any test result. It also leaves the count open to attack, because dashcam and bodycam footage often contradicts the written narrative. Field sobriety evaluations are voluntary in Georgia, and a driver may decline them.

Proving a Per Se DUI

Under subsection (a)(5), the State must show an alcohol concentration of 0.08 grams or more within three hours of driving, from alcohol consumed before the driving ended. Impairment is legally irrelevant to this count. The number alone establishes the violation, which is why lawyers call it per se.

The State still has to lay a foundation for the result under Georgia's chemical testing requirements. That includes showing the machine was working properly, the operator held a valid permit, and the required observation period was completed.

Lower thresholds apply to some drivers. Commercial drivers face a 0.04 limit, and drivers under 21 face a 0.02 limit. Georgia appellate decisions, including Olevik v. State, shape what the State can compel and what it may tell a jury about a refusal.

Penalties for a Combination DUI Conviction in Georgia

Being charged under both subsections does not double the punishment. Clients ask us about this more than any other part of the charge.

Both counts come from one act of driving, so they merge at sentencing. A defendant convicted of both is sentenced for one DUI, not two.

A first DUI conviction in Georgia is a misdemeanor. Exposure generally includes up to 12 months in jail with a mandatory minimum period of confinement, a fine of roughly $300 to $1,000 plus surcharges, and at least 40 hours of community service. Courts also impose 12 months of probation, less any time served.

A first offense usually requires a clinical evaluation and completion of a DUI Alcohol or Drug Use Risk Reduction Program. Judges may add treatment based on that evaluation.

The license consequence runs on a separate administrative track. After an arrest involving a refusal or a test above the limit, the driver has a short, strict deadline to request a hearing or to elect an ignition interlock device permit. Missing that deadline may cost driving privileges even if the criminal case later resolves well. Limited driving permits may be available, depending on the circumstances.

Actual sentences vary. The county, the judge, prior history, and the facts of the case all shape the result.

Defending a Combination A1 and A5 Charge

A strong defense from Georgia's best DUI attorneys attacks each count on its own terms. Treating the case as a single charge misses opportunities.

For the per se count, review starts with the stop itself. Did the officer have a lawful reason to pull the car over? From there, the questions turn to the implied consent notice and its timing, the 20-minute observation period, and the machine's maintenance and inspection records. Inspection records sometimes show a lapsed certification, which can undermine the number while the less safe count keeps moving. Timing matters too, because the sample must fall inside the three-hour window.

For the less safe count, video review comes first. In our experience defending DUI cases in Georgia state and municipal courts, the video often tells a different story than the arrest report. Medical conditions, injuries, uneven roadside surfaces, footwear, and plain nervousness can all mimic impairment. Evaluations given outside the standardized protocol carry less weight.

Knocking out one count does not end the other. If the court suppresses the test, the less safe count may still proceed on observations. If the video undercuts those observations, the number may still support the per se count. Depending on the evidence and the jurisdiction, a negotiated resolution to reckless driving is sometimes possible.

Speak With a Georgia DUI Defense Attorney

Time matters after a Georgia DUI arrest. The administrative window to protect your license closes quickly, and it runs whether or not the criminal case has started.

Kohn & Yager LLC defends DUI cases in Georgia's state, superior, and municipal courts, and we follow how local solicitors handle combination charges. Schedule a free consultation to review your citation and the exact subsections charged.

A first meeting covers the accusation, the plan to get the video and the machine records, and an honest look at which count is most vulnerable. No lawyer can guarantee an outcome. Every case turns on its own facts, and past results do not guarantee a similar outcome.

Frequently Asked Questions

What does A1 and A5 mean on a Georgia DUI ticket?

They are shorthand for subsections (a)(1) and (a)(5) of Georgia's DUI statute. A1 is the less safe count, built on evidence of impaired driving. A5 is the per se count, built on an alcohol concentration of 0.08 grams or more. Both come from one arrest.

Can I be convicted of both DUI less safe and DUI per se for the same arrest in Georgia?

A jury may return guilty verdicts on both counts. The counts then merge at sentencing, because they arise from a single act of driving. The result is one DUI conviction, not two.

Does being charged under both A1 and A5 mean a harsher sentence?

No. The pairing reflects how the State plans to prove the case, not how serious it is. Sentencing follows the one merged DUI conviction, and the range depends on prior history, the county, and the judge.

What happens to the A5 count if I refused the breath test?

A refusal usually means there is no test result, so the State often has no per se count to bring. Those cases typically proceed on the less safe count alone. Prosecutors may also ask a jury to consider the refusal itself, within the limits Georgia courts have set.

Can the A1 count still stick if my breath test result is thrown out?

Yes, it often can. The less safe count does not depend on a number. If the court suppresses the test, the State may still try to prove impairment through the video, the driving, and the officer's observations. Talk with a Georgia DUI attorney about how these rules apply to your citation.