Georgia DUI Laws: The 9 GA DUI Statutes You Must Know
This legal information page provides those citizens facing DUI charges in Georgia with critically important, time-sensitive information on how to protect their DUI case and their driving privileges. The driving under the influence laws in the State of Georgia are among the nation's toughest impaired driving criminal laws, primarily due to no expungement or record restricting being available for life.
Georgia DUI laws in the Peach State are found in multiple statutory provisions which regulate the criminal prosecution and the imposition of related criminal DUI penalties. Plus, a driver license suspension or driver's license revocation usually will follow a DUI arrest (before the criminal case gets to court) if certain steps are not immediately taken to prevent this.
Thus, this page content can help many accused motor vehicle operators to not inadvertently lose their ability to drive. Since a GA DUI conviction for a first offender suspends for at least 120 days (subject to the possibility of qualifying for a work permit). For our legal professionals, doing everything possible to beat a DUI is our motto.
The remainder of this Web page identifies these important statutes making up the primary DUI laws in GA, and (on one page) providing all links to the relevant, critically important Georgia laws on drunk driving and drugged driving. Be aware that some statutes are about civil law aspects pertaining to loss of license for an implied consent law violation, as well as the relevant statutes pertaining to reinstatement of the right to drive, if suspended.So, What Are These 9 Primary GA DUI Laws?
- OCGA 40-6-391 - The principal statute describing the various types of violations of DUI laws in Georgia (i.e., driving under the influence of alcohol or drugs) that can be committed in the State of Georgia. This very lengthy Georgia Code section has many subsections and parts that identify both the prohibited intoxicated driving or impaired driving crimes (for various drivers, like underage motorists).
Plus, the DUI penalties (e.g., 24 hours of jail time, 40 hours of community service, having to complete the DUI school classes, 12 months of probation, driver license suspension, etc.) and other consequences of a conviction.
- OCGA 40-6-392 - This statute about "chemical tests," identifies the approved methods of forensic testing through approved methods set forth by the Georgia Bureau of Investigation. The word "forensic" means that such tests are obtained by approved, scientific methods. The testing is used for determining breath or blood alcohol content. Following forensic standards signifies that extra care is to be taken to assure that the testing and analysis methods are reliable in a court of law.
- OCGA 17-5-30 - Georgia's illegal search and seizure code section that closely parallels the Fourth Amendment of the United States Constitution. This statute calls for a motion to suppress hearing to be held by your criminal court judge prior to a trial being stated.]
- OCGA 40-5-55 - Georgia's statute identifying that driving while intoxicated or impaired "constitutes a direct and immediate threat to the welfare and safety of the general public." Thus, your right to drive can be lost for violating Georgia implied consent laws. Special rules are applicable to any motor vehicle accident that cause serious bodily injury or death to another.
- OCGA 40-5-67.1 - The statute that contains the Georgia implied consent notices given to various classifications of drivers, after being arrested for a DUI in Georgia. This statute also sets out the 30-DAY DEADLINE for filing a DDS GA appeal, requiring that the arrested driver "shall remit to the department a $150.00 filing fee together with a request, in writing, for a hearing within 30 days."
Additional rights to a hearing before an administrative law judge are provided, plus the arrested citizen's right to ask for, pay for and receive an independent test are described here.
- OCGA 40-5-67.2 - The primary statute identifying a implied consent suspension period, how the right to reinstatement is achieved, and describing which drivers are allowed to seek a limited driving permit.
- OCGA 40-5-64.1 - A recently added ignition interlock device option statute for first offense DUI drivers who have refused to submit to the GA implied consent law post-arrest (for DUI) testing. This law became effective July 1, 2017.
- OCGA 40-5-75 - The driver license suspension or revocation rules for qualifying for limited permits for various types of drivers who have been convicted of a DUI 1st offense or a subsequent offense.
- OCGA 40-5-63 - After conviction, this statute controls drivers' license suspension or revocation periods, as well as when and how a person is eligible to get his or her right to drive reinstated.
Our criminal defense lawyers near me provide a FREE legal consultation to help quell potential clients’ worries. This no-cost initial meeting is done to assure that the arrested person does not inadvertently lose the right to drive by missing an important deadline. In addition, a 3rd DUI offense within 10 years triggers a mandatory 15 days to 12 months in jail, which can devastate a person's life.
Once your case information is gathered and reviewed, a legal professional from our law office will explain our step-by-step game plan for protecting your ability to keep driving (in most cases). Plus, our lawyers for DUI near me will also advise you about all the potential pitfalls that your procrastination and lack of familiarity with Georgia Law on DUI can cause.
The criminal law attorneys near me at our headquarters in Sandy Springs travel the entire State of Georgia to help citizens accused of impaired driving. Call today to speak with a FREE consultation lawyer by dialing (404) 567-5515. Our legal team members work on weekends, holidays and early in the morning and late at night.
Cory Yager, an ex-police officer for nearly a decade, and now a partner in our law firm in Atlanta, has been part of our top-rated criminal justice and legal services team since 2007. The three legal book co-authors now author the leading treatise for Georgia DUI lawyers, published by Thomson-Reuters, the world’s largest legal book publisher.
With more than 10,000 cases and over 85 years of collective legal experience, our DUI legal team can provide you with the best possible representation. Our drunk driving defense team has 4 offices conveniently located near you in Sandy Springs, Marietta, Alpharetta, and downtown Atlanta. Our attorneys for DUI defense also can be in court in Gwinnett and DeKalb counties in about 30 minutes.Additional Helpful Links