The Per Se DUI Charge
In a “per se” DUI charge, the driver must have a certain amount of drugs or alcohol in their bloodstream. Georgia, like all states, has DUI laws prohibiting driving with a blood alcohol concentration (BAC) over a specific limit. In Georgia, that limit is 0.08% or with intoxicating drugs in your system.
For a per se charge to be successful, the prosecutor must prove the presence of an intoxicating substance using a breath, blood, or urine test. For example:
- Individuals will be charged with DUI under Georgia’s OCGA 40-6-391 code if their alcohol content exceeds 0.08% within 3 hours of driving.
- According to OCGA 16-13-21, driving while under the influence of marijuana, even in small amounts, is unlawful and may result in a drug DUI conviction.
If you need help understanding these Georgia DUI penalties, contact an experienced Atlanta DUI lawyer and get a free no-obligation consultation.
Frequently Asked Questions
Do You Lose Your License After Your First DUI Conviction in Georgia?
Yes. You will lose your Georgia driver’s license for 12 months. This also applies if it is your first DUI case in 5 years. However, you could be eligible for a limited permit, so it is imperative that you contact an attorney as soon as possible to ensure that your license rights are protected.
How Long Does a DUI in Georgia Stay On Your Record?
A DUI charge stays on your record forever. Due to the serious nature of driving under the influence, Georgia has this law. For information on how you can handle your records, consult with an experienced attorney.
Is a DUI in Georgia a Felony?
A DUI becomes a felony when you are charged for the fourth time in under ten years. This may attract more punishment and penalties, including the incarceration of up to 5 years.
Is Jail Time Mandatory for First DUI in Georgia?
Not necessarily – every case, judge, and jurisdiction is different. Some jurisdictions will waive all the jail time. Some will waive all but 24 hours. It is important to speak to a qualified DUI lawyer to ensure you are fully informed and prepared for your case.