First Offense

  • A possible jail sentence of up to twelve months
  • A minimum fine of $300, a maximum fine of $1,000
  • A one year license suspension
  • A minimum mandatory forty hours community service
  • A license reinstatement fee of $210

Second Offense within 5 Years of the First Offense

  • A minimum mandatory forty-eight hours jail, possibly rising to between 90 days and one year
  • A minimum fine of $600, a maximum fine of $1,000
  • A three year license suspension
  • A license reinstatement fee of $210
  • Clinical evaluation (mandatory)
  • If indicated, a substance abuse program must be completed at the offender’s expense

Third Offense within 5 Years of the Second Offense

  • A minimum mandatory fifteen days jail sentence
  • A minimum fine of $1,000, a maximum fine of $5,000
  • Driving license revoked for five years
  • A minimum mandatory thirty days community service
  • The violators name, address and photograph will be published in the local paper at the offender’s expense
  • The offender will be declared a habitual violator
  • The vehicle license plate will be seized by the courts and forwarded to the Department of Motor Vehicle Safety
  • The violator will face a mandatory clinical evaluation
  • The offender may have to complete a substance abuse program at their own expense

Drunk Driving Defense and the Open Container Law

This law relates to any “open alcoholic beverage container” such as a bottle, can or another receptacle that holds an amount of alcoholic beverage. The law also applies to containers that have broken seals, or partially empty containers.

State law prevents anyone from possessing an open alcoholic beverage container or drinking alcohol whilst in the passenger seat of a motor vehicle that is on the shoulder or on the public highway. Any person who is found to possess or drink from an open container containing an alcoholic beverage will be charged in accordance with the “open container law”. The same law applies to a lone driver who is found in possession of an open container containing alcohol. Persons who violate this law will be subject to a maximum fine of $200.

Laws Relating to Aggressive Driving

A person who operates a motor vehicle with the intent to injure, harass, obstruct, annoy, molest or intimidate another will be charged with aggressive driving. Persons convicted of aggressive driving have committed a grave misdemeanor. As such, they will receive a six-point driver responsibility assessment. The points given could lead to their driver’s license being suspended.

Persons convicted of DUI will have to complete a DUI Alcohol or Drug Risk Reduction Program. They may have to be clinically evaluated if indicated. Skilled Marietta Criminal Lawyer Traffic Violations and DUI cases are evaluated by appointment only.

Impaired Driving Laws in Georgia-All Offenses

Persons convicted of impaired driving for the second or subsequent time in five years must install an ignition interlock device to their vehicle. However, the courts may exempt the driver due to financial hardship. The device will remain in the vehicle for a period of six months.

Persons convicted of second or subsequent DUI offenses within a five year period will have their license plates seized.

Minors and Impaired Driving

Young drivers (between the age of fifteen and twenty-one) convicted of driving whilst impaired will have to wait a further twelve months before they can obtain a graduated license. The court will also impose penalties. The DUI blood alcohol level for under 21s is currently .02. The DUI blood alcohol level for adults is currently .08.

If you or a loved one is being charged, contact our impaired driving attorney Diana Whipkey Young for professional representation today.