Georgia DUI Law - A Primer

Georgia DUI law says it is a criminal offense to operate a motor vehicle if your ability to do so has been compromised by use of alcohol or drugs. This includes both legal and illegal substances including over the counter medicines.

There are two ways for the state to prove driving under the influence. The first is by a police officer making an official notation that you were perilously operating your vehicle while under the influence of alcohol, even one drink. But, you can also be convicted if you have a legal blood alcohol level of .08 percent, whether or not you demonstrated any problems with your driving.

If you're pulled over on a routine traffic stop and the officer suspects you're intoxicated, under Georgia DUI law, he may conduct a field sobriety test. You will be asked to perform a test designed to decide sobriety. One of the most familiar of these is the "straight line" test where you have to walk a straight line heel to toe and turn at the end to return. The officer might also ask you to follow a penlight with your eyes.

If the officer feels that you are intoxicated, they will ask for a chemical test. This can be a blood, breath, or urine test. If you do not agree to take such a test, you can lose your driving privileges. A breathalyzer test may be done roadside while blood or urine tests must be done at a hospital.

If you are convicted, the court can impose fines, jail time, probation, and community service on you. You may be required to attend AA meetings or to install an interlocutory device on your car which does not allow it to start if your blood alcohol level is above .02 percent. Under Georgia DUI law, there are minimum penalties for even first time offenses, and repeat offenses get more severe consequences.

Some of the factors that go into sentencing include a history of DUI counts, whether you were operating a commercial vehicle, whether there was a child in the car, whether another moving violation occurred, whether someone was injured or killed, and whether the driver was under the permissible drinking age.

The consequences for driving under the influence are quite severe, and you should know that in the summer of 2008, Georgia DUI law was made much stricter.