First Offense DUI in Georgia

In Georgia, Driving Under the Influence (DUI) is a serious crime in which a person is suspected of driving under the influence of alcohol or substances that may impair reasoning. In a first offense DUI, the offender has not been convicted of violating the GA Code § 40-6-391. The state law regards DUIs as a serious offense and applies severe penalties to them. For instance, first-time DUI offenders may get up to a year in jail or fines up to $1,000. However, repeat offenders will receive harsher penalties, such as longer jail terms or fines.

Beyond the state-mandated penalties, offenders may experience financial or legal setbacks. Examples of such setbacks include the following:

• Limited job opportunities due to a DUI conviction in criminal background checks.
• Higher insurance premiums, especially in the auto industry.
• Loss of employment due to a revoked driver's license.
• Loss of employment due to first or repeated DUI convictions. Georgia is an at-will employment state, which means employers can legally fire persons for any reason, except for disability, race, or gender.

Georgia DUIs have serious consequences since they pose a serious risk to lives, properties, and society. For this reason, Georgia state laws impose these penalties to deter people from such offenses.

What Qualifies as a First DUI in Georgia?

The Georgia state law classifies a first DUI as one that meets the following criteria:

• The offender does not have a prior conviction for the offense.
• The offender is under the influence of alcohol to the extent that it is not safe to drive.
• The offender has a 0.08 or more alcohol blood concentration, or
• The offender is under the influence of a substance that impairs their ability to drive

The blood alcohol concentration (BAC) is the alcohol percentage in the blood. Under Georgia laws, the BAC limit may vary based on the offender's age or vehicle type. Persons driving a commercial vehicle will be charged with a DUI if the BAC exceeds 0.04. However, the BAC limit is 0.02 for persons under 21.

Arresting officers use breathalyzers to measure the BAC and determine the suspect's cognitive state. In addition to using breathalyzers, officers may conduct field sobriety tests, such as telling the suspect to stand on one leg or walk down a straight line. Note that officers may request a urine or blood test if the offender is suspected of using drugs.

Possible Penalties for a First Offense DUI in Georgia

Under Georgia state laws, first-time DUI offenders may face these penalties:

• A fine between $300 and $1,000.
• A ten-day to one-year imprisonment.
• Not less than 40 days of community service if the BAC was more than 0.08.
• Compulsory DUI Alcohol or Drug Use Risk Reduction Program within 120 days of the conviction.
• A 12-month suspension of their driver's license.

Do You Lose Your License for a First DUI in Georgia?

Yes, first-time DUI offenders will lose their license for a maximum of 12 months. Note that license suspension does not immediately take hold after an arrest. Officers may withhold your driver's license and issue a limited one until the court decides the case.

After the arrest, offenders have up to 30 days to follow the steps outlined by the arresting officer. The steps include requesting a hearing or waiving your hearing rights by installing an ignition interlock device. Failure to act within the 30-day timeframe will lead to a one-year license suspension.

What Is the Implied Consent Law in Georgia, and How Does It Affect First DUI Cases?

Under GA Code § 40-5-67.1, all persons driving in Georgia have already consented to taking a chemical or physical test if they are suspected of driving under the influence. Arresting officers must read out the implied consent notice before arresting the offender. Officers also have the right to seize the offender's license if they refuse a chemical or physical test. In addition, offenders who refuse to take the test will face a minimum one-year suspension of their driver's license. The offender's refusal will be admitted as evidence during the court hearing.

Note: You can contest a refusal by claiming a violation of your rights. However, there is a slim chance of winning the case if the officer provides evidence of probable cause.

Is an Ignition Interlock Device Required for a First DUI Offense in Georgia?

No, first-time DUI offenders are not required to install an ignition interlock device (IID). However, they may do so to get a limited driver's license and a shorter license suspension. IIDs monitor BAC limits and prevent intoxicated drivers from operating their vehicles.

The Georgia Department of Driver Services will issue an IID to a first-time DUI offender under these conditions:

• The offender applied for an IID within 30 days of receiving the notice.
• The offender is no longer in possession of their driver's license.
• The offender has a certificate of eligibility from an accountability court.
• The offender has paid the $25 installation fee.

Per Georgia laws, offenders must install the ignition interlock device for 14 months. Offenders are required to pay a $5 maintenance fee after the 12th month. The department may reinstate the driver's license after the specified timeframe.

Can a First DUI Be Dismissed or Reduced in Georgia?

In Georgia, you can get the court to reduce the DUI charge or outright dismiss it. Offenders may accept a plea bargain in exchange for reducing the charge from a DUI to reckless driving.

First-time DUI offenders may also get the court to dismiss the case under these conditions:

• There is no probable cause for the arresting officer to stop the vehicle.
• Inaccurate chemical tests due to wrong calibration.
• There is no prior criminal conviction.
• The officer did not follow the correct procedure during the arrest or booking.

The court may recommend an alternative sentencing program for DUI charges. These programs may include community service, substance abuse evaluation, and alcohol treatment.

Long-Term Consequences of a First DUI

First DUI convictions remain permanently on criminal records and may lead to long-term financial, legal, and economic consequences. For instance, offenders may face increased auto insurance premiums since they are now classified as high-risk drivers. Offenders also have fewer job opportunities in industries that require users to have a driver's license.

Do You Need a DUI Attorney in Georgia?

Yes, hiring DUI attorneys may help you navigate the legal process better, understand the charges, and gather evidence. In addition to this, attorneys also protect your rights and fight for a lesser sentence.