About DUI Laws in Atlanta
The State of Georgia prohibits drivers from operating a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or above. The .08 BAC limit is standard throughout the United States. In addition to this law, there are also lower, separate BAC limits for drivers under the age of 21, as well as commercial drivers.
Georgia also has what is called the “Open Container Law”. The open container law prohibits a alcoholic beverage container that contains any amount of alcoholic beverage in it from being inside a moving vehicle. This includes containers with broken seals or containers that have had the alcohol partially removed in a vehicle on the roadway or shoulder of any public highway. The fine for violating the open container law is $200.
How many drinks does it take to reach the legal limit in Georgia?
There isn’t just one correct answer to this question. Every person has certain characteristics that may impact the number of drinks that it would take to become legally impaired. Such variables as weight, body fat percentage and length of time between drinks can all be factors in the drunk driver equation. There have been studies that have show that for each drink, your BAC could go up as much as .05 percent. The fact remains that it takes very little alcohol to become legally drunk, and the risks and penalties for drunk driving clearly outweigh any good that could come by driving impaired.
The bottom line is: the State of Georgia has strict laws for drunk driving, and when you drink and drive in Georgia, you risk your freedom, finances and your future.
The Law
According to Ga. Code 40-6-391, the BAC (Blood Alcohol Content) Limit if you are over 21 is 0.08%, and for commercial drivers it is 0.04%. If you are under 21, there is “Zero Tolerance”, BAC 0.02% or higher, Driver’s License Revocation minimum of six (6) months and fines. If your BAC is 0.08% or higher, you will face the same penalties as an adult.
It prohibits DUI – you are driving and determined to be under the influence of alcohol and/or drugs; as well if you are driving and your chemical test (blood or breath) result is 0.08% BAC or higher. You face an enhanced penalty if your BAC is .15 or higher.
If you refuse a test, you face an automatic driver’s license suspension of one year.
1st Offense: Up to one year jail, fine up to $1,000, up to one year license suspension, 40 hours of community service, probation and a DUI education course;
2nd Offense: Up to one year jail, fine up to $1,000, up to three (3) years license suspension, 40 hours of community service, probation, DUI education course or substance abuse treatment, and possible Ignition Interlock Device;
3rd Offense: Up to one year jail, Fine $1,000-$5,000, up to five (5) years license suspension, 40 hours of community service, probation, DUI education course or substance abuse treatment, and possible Ignition Interlock Device;
4th Offense: Felony, one to five years in state prison, up to a $5,000 fine.
Schedule a consultation
You should speak with an attorney about your situation to find out the severity of your DUI. We understand it can be tricky navigating through the legal system and Atlanta DUI Laws. Contact us today!