Georgia DUI law is complex and there are numerous issues which can and often do arise during the defense of a Georgia DUI case.  The information provided here is intended merely to outline  Georgia's DUI law, and it does not provide a detailed analysis of the cases which spell out the details of how  Georgia's DUI law is applied.  If you have a question regarding Georgia's DUI law, do not hesitate to contact our office.  There is no charge for an initial consultation with our Georgia DUI lawyers.

Georgia DUI law makes it a crime to drive or be in actual physical control of any moving vehicle on public or private property in Georgia while:

(1) Under the influence of alcohol to the extent that it is less safe for the person to drive [this is known as Georgia's DUI-“Less Safe” Alcohol law];

(2) Under the influence of any drug to the extent that it is less safe for the person to drive [this is known as  Georgia's DUI-“Less Safe” Drugs law];

(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive [this is known as Georgia's DUI-“Less Safe” Toxic Vapors law];

(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive [this is known as Georgia's DUI-“Less Safe” Alcohol and Drugs law;

(5) The person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended [this is known as the Georgia's DUI-“Per Se” law]; or

(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood  [particularly when marijuana is involved, this part of Georgia’s DUI law is no longer enforceable under Love v. State, 271 Ga. 398, 517 S.E.2d 53 (Ga. 1999)].

We have also provide a detailed description of the different between "less safe" and "per  se" Georgia DUI charges.  You can be charged with DUI-“Less Safe” Drugs even though the drugs are prescribed by your doctor and you are using them legally.  However, in order to be found guilty of DUI when you are charged with being under the influence of drugs that you are legally taking, the government must show that you have been “rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use.”

There are special alcohol levels that apply to people operating commercial vehicles and people that are under the age of 21.  For drivers of commercial vehicles, you can be convicted of driving under the influence if your BAC is .04 or higher.  For under-21 drivers charged with DUI, you can be convicted of driving under the influence is your BAC is .02 or higher.