Georgia DUI Laws
The Official Code of Georgia Annotated (O.C.G.A) contains numerous laws pertaining to the DUI issue. The Statutes posted are current through the 2001 Regular Session of the General Assembly. If you rely on information obtained solely from this section of this website, you do so at your own risk. Click on the statue for more information.
O.C.G.A. 40-5-55: Implied consent to chemical tests.
O.C.G.A. 40-5-57.1: Revocation of licenses of persons under age 21 for certain offenses; issuance of new license following revocation.
O.C.G.A. 40-5-67: Seizure and disposition of drivers license of persons charged with driving under the influence; issuance of temporary driving permit; disposition of cases.
O.C.G.A. 40-5-67.1: Chemical tests; implied consent notices; rights of motorists; test results; refusal to submit; suspension or denial; hearing and review.
O.C.G.A. 40-5-67.2: Terms and conditions for suspension of license under subsection C of Code Section 67.1.
O.C.G.A. 40-5-75: Suspension of licenses by operation of law for conviction of possession, distribution, manufacture, cultivation, sale or transfer of controlled substances or marijuana; or driving under the influence of the substance.
O.C.G.A. 40-6-391: Addresses driving under the influence of alcohol, drugs or other intoxicating substances; penalties for first, second and subsequent convictions; child endangerment.
O.C.G.A. 40-6-391.1: Nolo contendere pleas; requirement to attend an alcohol and drug course.
O.C.G.A. 40-6-391.2: Seizure and forfeiture of a motor vehicle operated by habitual offender.
O.C.G.A. 40-6-391.3: Penalty for conviction for driving under the influence of alcohol or drugs while driving a school bus.
O.C.G.A. 40-6-392: Chemical tests for alcohol or drugs in blood.
O.C.G.A. 40-6-393: Homicide by vehicle.
O.C.G.A. 40-6-393.1: Feticide by vehicle.
O.C.G.A. 40-6-394: Serious injury by vehicle
Atlanta Speeding and Traffic Ticket Lawyer David A. Lipton serves most
counties and cities in the Atlanta Metropolitan Area and North Georgia
•Cobb •DeKalb •Fulton •Forsyth •Gwinnett
•Alpharetta •Atlanta •Austell •Chamblee •Cumming •Decatur •Doraville •Duluth •Dunwoody •Johns Creek •Kennesaw •Lawrenceville •Marietta •Norcross •Roswell Sandy Springs •Smyrna •Vinings
Call Attorney David Lipton 24 Hours a Day at 770-797-9968 for a Free Consultation
David A. Lipton
Attorney at Law
8237 Dunwoody Place
Atlanta, GA 30350
Phone (770) 797-9968
Fax (770) 797-9967
All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.
The consequences for a DUI conviction in Atlanta can include:
Driver's license suspension
Fines and surcharges totaling thousands of dollars
Random screens for drugs and alcohol
MADD victim impact panels
Alcohol and drug counseling
Any other treatment options that the court deems appropriate
At least 24 hours of jail time (potentially subject to being waived)
Fines of up to $1000 per ticket, plus court costs and State mandated surcharges.
12 months probation, plus the financial cost of supervision
At least 40 hours of community service
Mandatory DUI School
Alcohol and Drug Counseling
License suspension up to one year with a possible limited permit (with early reinstatement after 120 days.
At least three days of jail time, likely far more.
Fines of up to $1000 per ticket, plus court costs and State mandated surcharges
License suspension for at least 120 days without a permit to drive. After 120 days, a limited permit is allowed after installing an ignition interlock device on your car.
Mandatory DUI School
Clinical evaluation for alcohol and drug dependency and any ordered treatment therefrom.
At least 240 hours of community service
Surrender of any license plate in your name
Publication of your photo in the local legal organ.
At least 15 days of jail time, and in many cases much longer. Traditionally the sentence will be close to 120 days in jail
.Fines of $5000 for the DUI and $1000 for each additional ticket.
State mandated surcharges and court cost, above and beyond the base amount of the fines.
12-36 months probation
License suspension for 5 years.
Limited reinstatement of your license after 2 years may be possible with DUI School, ignition interlock, and other conditions
Perform a minimum of 240 hours of community service
Undergo a clinical evaluation for alcohol and drug dependency. This evaluation will likely lead you to having to complete an alcohol or drug treatment program
Publication of your photo in the local legal organ
Being declared a Habitual Violator.
Fighting and winning your case:
Discussion of any potential consequences should never take place until your case is properly investigated and reviewed for potential defenses. Defenses can be either legal in nature or factual.
Legal defenses are the most common. They challenge the procedures the officer followed in your case. In our system of law, the police are instruments of government. As a result, they must follow rules set out in our laws and in the United States and Georgia Constitutions. These rules are not "technicalities" as described by media pundits. Our rights are not technicalities. They define who we are as people and differentiate us from the rest of the world.
Attorneys at our office are trained in every police procedure. If you rights are violated, we will fight for you by filing motions to suppress improperly obtained evidence. A motion is a challenge to the evidence in your case. The hearing is held before a judge and not a jury. In Georgia, the judge determines the law that is applicable to a case. in a motions hearing, our job is to argue that the arresting officer violated your rights. The result of an successful motion can be the suppression of evidence and the suppression of statements made against your own interests.
Factual Defenses deal with actual guilt or innocence. Some examples include that the arrested person was not driving, the breath-testing machine was inaccurate or not calibrated correctly, the arrested person was not found in actual physical control of a motor vehicle, and there was an emergency (necessity defense).
These types of factual defenses are present at a trial. You have the right to a trial by judge (bench trial) or by jury. If you wish to have a jury trial, that trial will take place in the County State Court. As a result, the case will have to be bound-over (sent) to State Court. You have an absolute right to a trial by jury. The State cannot object to your motion to send the case to State Court.
At any trial, the government carries the burden to prove the case beyond all reasonable doubt. This does not mean all doubt to a mathematical certainty. It means beyond any doubt for which the trier of fact can place a reason. This is the high standard of proof in all criminal cases in the United States. You are never assumed to be guilty and carry the presumption of innocence unless the State overcomes that presumption with legal admissible evidence.