Georgia DUI Defense Guide — Charges & Options
DUI basics, court steps, and what happens next
A DUI arrest triggers two separate proceedings that run at the same time. The criminal case decides guilt, penalties, and your record. The administrative case decides whether your license is suspended — often on a much shorter deadline. Missing a step in one track can limit your options in the other, which is why understanding both paths from the start matters.
The two tracks: criminal and administrative
Track 1: Criminal prosecution
The criminal case is a court proceeding where the state must prove DUI beyond a reasonable doubt. Georgia's per se BAC limit is 0.08 (within 3 hours of driving) §40-6-391, but you can also be charged based on impairment regardless of BAC. A first offense is classified as a misdemeanor.
Track 2: Administrative license action
The administrative action is handled separately from the criminal case. It can result in license suspension even if the criminal case is eventually dismissed. You have 30 days from date of personal notice or receipt of notice ($150 filing fee) to request a hearing to contest the suspension.
What triggers enhanced penalties
- Child under 14 in vehicle (separate charge per child — §40-6-391(l))
- Prior convictions within 10 years
- Accident with injury or death
Implied consent and chemical testing
Georgia has an Implied consent law: by driving on Georgia roads, you have implicitly consented to chemical testing when lawfully arrested for DUI. Refusing the test carries its own consequences: 1-year license suspension; no limited permit available for refusal (unless driver opts into IID Limited Driving Permit program within 30 days, waiving ALS hearing right). In Georgia, refusal to submit to chemical testing is admissible as evidence at trial.
BAC thresholds that matter
| Category | BAC Limit | Consequence | |
|---|---|---|---|
| Standard per se | 0.08 (within 3 hours of driving) §40-6-391 | DUI charge without other evidence of impairment | |
| Enhanced penalty | no statutory high-BAC enhanced penalty tier — high BAC affects judicial sentencing discretion only §40-6-391 | Higher minimum penalties and longer license suspension | |
| Under 21 | 0.02 | Zero tolerance violation | |
| Commercial (CDL) | 0.04 §49 C.F.R. § 383.51 | CDL disqualification |
Why timing matters most
DUI cases are unusually time-sensitive. The administrative hearing deadline begins running from the date of arrest or notice — not from the first court date. Evidence (dashcam footage, witness recollections, calibration records) can deteriorate. Early attorney involvement can preserve options that disappear with delay.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.