If you have searched for information about DWI or DWAI charges, you may be confused because Georgia uses different terminology. In Georgia, all impaired driving offenses are prosecuted as DUI (Driving Under the Influence) under O.C.G.A. Section 40-6-391. The state does not recognize DWI or DWAI as separate legal classifications.
How Georgia Handles Impaired Driving Cases
Georgia law covers impairment from alcohol, drugs (including prescription medications), or any combination of substances. There are two types of DUI charges in Georgia: DUI Per Se and DUI Less Safe:
- DUI Per Se: Based on a measurable blood alcohol concentration that exceeds the legal limit. If a breath or blood test shows you were over the limit, prosecutors do not need to prove you were actually impaired. The test result alone establishes the violation.
- DUI Less Safe: A subjective charge that requires the state to prove your ability to drive was impaired to the point of being unsafe. This charge can apply even when BAC is below the legal limit, particularly in cases involving drugs or a combination of substances that affect driving ability.
Unlike some states that use tiered systems with lesser charges for lower levels of impairment, Georgia takes a binary approach. You are either DUI or you are not. There is no intermediate offense for mild impairment.
How Other States Handle These Charges
New York uses a tiered system that distinguishes between different levels of impairment. For example, DWAI (Driving While Ability Impaired) is a traffic infraction for first offenses when BAC measures between 0.05% and 0.07%. DWI (Driving While Intoxicated) is a criminal offense in New York for a BAC of 0.08% or higher.
States use different terminology to define operating a motor vehicle while under the influence or impaired by a substance. Most states use the term DUI (Driving Under the Influence). Less than a dozen states use DWI (Driving While Impaired), and a few states use OUI (Operating Under the Influence) or OWI (Operating While Intoxicated).
BAC Limits in Georgia
Georgia law establishes different blood alcohol concentration (BAC) limits based on a driver’s age and the type of vehicle being operated, including the following:
- Drivers 21 and older: The standard legal limit is 0.08% BAC, which applies in most non-commercial driving situations.
- Commercial drivers: Those operating commercial vehicles, such as semi-trucks or buses, must remain below 0.04% BAC due to the increased risks associated with large vehicles.
- Drivers under 21: Georgia enforces a zero-tolerance policy with a 0.02% BAC limit, meaning even minimal alcohol consumption can lead to DUI charges.
Refusing a chemical test triggers Georgia’s implied consent law. By driving on Georgia roads, you have implicitly consented to chemical testing when an officer has reasonable grounds to believe you are impaired.
An automatic one-year license suspension is imposed for refusing a test, regardless of whether you are ultimately convicted of DUI.
Penalties for DUI in Georgia
Georgia DUI penalties increase in severity with each subsequent offense, particularly when violations occur within a five-year period.
First Offense
A first DUI offense is a misdemeanor that may result in:
- Fines: $300 to $1,000
- Jail time: 10 days to 12 months (judges may suspend all but 24 hours if BAC is 0.08% or higher)
- Community service: Minimum of 40 hours
- License suspension: Up to 12 months
Even a first conviction can lead to meaningful legal and driving consequences.
Second Offense
A second DUI within five years carries mandatory penalties, including:
- Jail time: Minimum of 90 days, with at least 72 hours served
- Fines: Up to $1,000
- Community service: Minimum of 30 days
- License suspension: Three years
These penalties reflect Georgia’s stricter approach to repeat DUI offenses.
Third and Subsequent Offenses
A third DUI is classified as a high and aggravated misdemeanor and may result in:
- Jail time: Minimum of 120 days, with at least 15 days served
- Fines: Up to $5,000
- License suspension: Five years
A fourth DUI becomes a felony, punishable by 90 days to five years in prison and a five-year license revocation, marking the most severe level of DUI enforcement in Georgia.
Impact on Driving Records and Insurance
A DUI conviction stays on your Georgia driving and criminal record. A conviction can affect employment, housing applications, and professional licensing for years after the incident.
Insurance rates typically increase substantially following a DUI conviction. Some insurers may cancel your policy entirely or refuse to renew it. You will need to obtain an SR-22 certificate proving minimum insurance coverage for three years.
Liability for DUI Accidents in Georgia
A drunk driver may also face civil liability if they cause an accident. Georgia is an at-fault state for car accident claims. The driver who caused the accident can be legally responsible for the victim’s economic and non-economic damages. A DUI conviction could be used as evidence to establish negligence per se in a personal injury lawsuit.
Contact Starks Byron, P.C. For Help With a DUI Accident Claim
Victims of DUI accidents in Kennesaw, Georgia, may be entitled to compensation for medical expenses, lost income, property damage, and pain and suffering caused by an impaired driver’s negligence. Contact Starks Byron, P.C. for a free consultation with a Kennesaw DUI accident attorney.
We proudly serve Cobb County and its surrounding areas:
Starks Byron, P.C.
1275 Shiloh Rd NW Ste 2710, Kennesaw, GA 30144
(404) 795 5115
