In Georgia, a person can be charged with DUI in two main ways:
Per Se DUI – If your blood alcohol content (BAC) is 0.08% or higher, you’re legally intoxicated, regardless of visible impairment.
Less Safe DUI – Even if your BAC is below 0.08%, officers may still charge you if they believe alcohol or drugs made you “less safe” to drive.
Georgia also enforces:
Zero tolerance laws for drivers under 21 (BAC of 0.02%)
Strict penalties for commercial drivers (BAC limit of 0.04%)
DUI charges for prescription and illegal drugs, not just alcohol
Potential Penalties for DUI / DWI in Georgia
A DUI conviction can result in:
Fines and court fees
Jail time (especially on repeat offenses)
License suspension or revocation
Probation and community service
Mandatory DUI school
Ignition interlock device (IID) installation
Increased insurance rates
For first-time offenders, penalties are serious but can sometimes be mitigated through plea negotiations, diversion programs, or reduced charges. Repeat offenders face escalating consequences and longer license suspensions.
Should You Fight a DUI Charge?
Yes — even if you failed a breathalyzer or field sobriety test, you may still have options. DUI cases can be challenged on several grounds:
Unlawful traffic stop – Was there probable cause?
Improper testing procedures – Were field or breath tests administered correctly?
Equipment issues – Were machines calibrated and maintained?
Violation of rights – Were you informed of your legal rights during arrest?
A good DUI lawyer will review every detail of your stop, arrest, and test results to identify weaknesses in the prosecution’s case.
VES Law Group – DUI Defense Focused on Your Future
At VES Law Group, we treat every DUI/DWI case seriously, no matter how minor it may seem. Our goal is to protect your record, your license, and your reputation. We walk you through your legal options and develop a defense tailored to the facts of your case.
