DUI

Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) is a dangerous and serious crime. Many innocent people are killed each year by drunk drivers, and the court system generally does not go easy on offenders. DUI is an all-encompassing term that includes the intoxication due to alcohol, drugs (prescription, illegal, or over the counter) or other chemicals.

If a driver’s blood alcohol content (BAC) level is over 0.08 %, the state of Georgia, like many states, considers that legally drunk. Drivers can also get a DUI if their BAC is lower if their ability to drive is impaired. Drivers are tested through a breathalyzer or other chemical test; drivers can be legally punished through the Administrative License Suspension Law if they refuse to submit to the test. The punishment is a license suspension for up to one year.

Georgia has intervention and rehabilitative programs in place to reduce the amount of drunk driving that occurs. Conviction of a DUI can include mandatory completion of the Risk Reduction Program. This program is designed to help drinkers understand the ramifications of using alcohol and drugs and to recognize other ways to deal with stress.

Depending upon the offense (first, second, or third), a DUI conviction will include:

Fines ranging from $500 to $5000 or more

Jail time ranging from days to years OR probation

Community service, usually a minimum of forty hours

License suspension for one to five years

Possible treatment in a substance abuse rehabilitation program after a professional evaluation.

Taking any type of defensive driving course can help reduce points on a driving record, but it will not lessen the penalties for a DUI conviction.

In some states, one option for a type of plea bargain is to plead “nolo contendere,” which literally means “no contest.” This means that the defendant is not admitting guilt but is also not claiming innocence of the charges. However, this plea in the state of Georgia is the same as pleading guilty and is not advised.