Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « Georgia DUI Penalties
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- Laws requirement for DUI drivers to concede to breath, blood or urine testing for checking of alcohol content are known as “implied consent laws”. Refusal carries penalties including compulsory suspension of a driving license for up to a year.
Blood Alcohol Concentration (BAC)
Any person in Georgia with blood alcohol concentration (BAC) above than 0.08 percent will be considered “per se intoxicated” under the law. Under this law for any driver only this proof is all that is required to be convicted for driving under the influence (DUI) or driving while intoxicated (DWI).
Zero Tolerance Blood Alcohol Concentration
All states zero tolerance laws mainly focus on drivers not of legal drinking age. Persons under 21 years of age operating motor vehicle with a .02 percent alcohol level or above will be subject to DUI penalties in Georgia.
Enhanced Penalty Blood Alcohol Concentration
Some states are having more sever punishment for DUI convicted drivers who are having high blood alcohol content at the time of arrest; that is usually .15 to .20 percent or above the legal limit. But in Georgia enhanced penalty laws are not utilized.
Administrative License Suspension/Revocation Penalties
These are minimum mandatory penalties, which are imposed of drivers with a blood alcohol concentration above 0.08 percent, or they will be subject to implied consent laws for refusing to submit to breath, blood, or urine testing for blood alcohol level.
These penalties include suspension or revocation of the convicted driver’s license by the DMV (Department of Motor Vehicles). For first DUI offense in Georgia mandatory suspension is for 90 days; for second offense it’s for one year; and for third offense the mandatory suspension is for three years.
Vehicle Confiscation
Vehicle confiscation penalty for DUI conviction temporarily or permanently is an option in some states, which is usually for repeat offenders. While in Georgia this penalty is not an option.
Ignition Interlock
Ignition interlock is a device, which is attached to the condemned DUI offender’s vehicle so he will go through breath test before starting his motor vehicle. In some states this penalty is likelihood while this not a choice in Georgia.
Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and prevention program, alcohol abuse treatment, and assessment of a person for alcohol or drug dependency can be required for DUI offenders in Georgia. Such steps are often proposed instead of sever punishment of incarceration or paying fines.
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