Don’t drink and drive is an often preached maxim, but one all too often ignored despite the severe penalties that can be imposed. While Georgia’s driving under the influence (DUI) laws appear relatively simple on the basic level–get caught behind the wheel after drinking too much and you will lose your license and be subject to various other penalties and sanctions–the DUI laws are in many ways quite complex and can be difficult to navigate. This holds especially true for drivers under the age of 21 who are charged with DUI, as Georgia and many other states have zero tolerance for drivers younger than age 21 who drive while impaired by alcohol or other substances.
Other than knowing that Georgia and other states have zero tolerance for under-age-21 impaired driving, younger drivers and their parents need to be aware that DUI convictions remain on one’s record forever, even for juveniles. Thus, those under age 21 charged with DUI should strongly consider hiring legal representation so as to investigate all recourses that could avoid or mitigate a criminal conviction.
This article lays out the differences in implications for juveniles and young adults (under 21) as well as adults (over 21).
The Administrative License Suspension Proceeding (ALS)
All Georgia drivers charged with DUI need to understand is that there is both an administrative and criminal component involved with the disposition of a DUI arrest. Under the Administrative License Suspension (ALS) proceeding, a person who fails a blood alcohol concentration test or refuses the breath or blood test faces license suspension. The driver must request an ALS appeal hearing within 10 business days of the arrest date.
To Be Clear:
Missing this 10-day appeal deadline means an automatic license suspension. To further elaborate, it needs to be noted that making the appeal will not necessarily overturn the suspension, but provides the driver with the opportunity to overturn the suspension, especially should the DUI charges be dismissed or otherwise be favorably resolved in the completely separate criminal proceeding.
BAC Implications
The ALS proceeding and criminal trial generally rely on the blood alcohol concentration (BAC) breathalyzer test or a blood test to determine whether a person is driving under the influence. For adults over age 21 the BAC limit is 0.08 percent, while for drivers under age 21 the limit is 0.02 percent. While the 0.08 percent level allows a bit of margin for someone who may have had a drink or two prior to driving, the 0.02 percent level essentially allows no margin. Thus a driver under age 21 who has had a drink prior to driving and is tested for BAC will likely be over the legal limit.
Refusing to take a BAC or blood test if arrested for DUI leads to a presumption of one’s guilt in both the ALS and criminal proceedings, and under ALS such refusals generally prevent those whose licenses are suspended for DUI from obtaining limited driving privileges for employment, school, or other needs. And while police and prosecutors generally rely on the breathalyzer test–or refusal to take it–as the primary means to take the case to trial, police in Georgia are increasingly resorting to seeking warrants to draw blood from those who refuse the breathalyzer.
The Penalties for Conviction Are Severe
Standard penalties for DUI convictions for those 21 and over include:
First offense
one-year license suspension
$300 to $1,000 fine
$210 license reinstatement fee
DUI Alcohol or Drug Risk Reduction Program
associated Program costs of about $400
mandatory 40 hours of community service
up to one year imprisonment
Second offense (within five years)
eighteen month to -three-year license suspension
$600 to $1,000 fine
$210 license reinstatement fee
DUI Alcohol or Drug Risk Reduction Program
associated Program costs of about $400
clinical evaluation and possible treatment
minimum 48 hours of jail/maximum 90 days to a year
minimum 30 days of community service
Third offense (within five years)
imposition of Georgia DMV “Habitual Violator” status
five-year revocation of license
$1,000 to 5,000 fine
clinical evaluation and possible treatment
minimum 15 days of jail time
minimum 30 days of community service
$410 license reinstatement fee
DUI Alcohol or Drug Risk Reduction Program
associated Program costs of about $400
name, address and photo posted in the local newspaper
For those age 15 and younger convicted of DUI, the driver’s license is suspended until age 17 for a first offense and until age 18 for a second and third offense. Fees start at $210 for a first offense, rising to $410 for a third one. DUI alcohol or Drug Risk Reduction program and associated costs are imposed for all convictions.
The same fees and program requirements apply to those age 16 to 20 convicted of DUI; however, the license suspension time periods vary, with a first conviction resulting in a suspension of six months for BAC levels under 0.08 percent, but for 12 months for BAC levels over 0.08 percent. A second offense within five years regardless of BAC results in an 18-month suspension, while a third conviction regardless of BAC results in a five-year license suspension.
Under-age-21 drivers should also realize that other alcohol violations can result in driver’s license suspensions. Purchasing alcohol, misrepresenting one’s age for illegally purchasing alcohol, or using false identification for purchasing alcohol can all lead to driver’s license suspension.
All drivers should also be aware that convictions for possession and/or distribution of marijuana and other controlled substances also subject drivers to license suspensions, even if the arrest took place outside of one’s vehicle. A first offense results in a 180-day suspension; a second offense, one-year suspension; and a third, five-year suspension. Along with the suspension, those convicted will be required to partake in the DUI Alcohol or Drug Risk Reduction Program (along with its associated costs) and pay a fee for license reinstatement.
Finally, over-age-21 drivers should realize that DUI charges can be brought against people with levels from 0.05% to 0.08 percent if the prosecution can firmly establish that the driver’s abilities were compromised to the point of making him or her unsafe behind the wheel.
Other than knowing that Georgia and other states have zero tolerance for under-age-21 impaired driving, younger drivers and their parents need to be aware that DUI convictions remain on one’s record forever, even for juveniles. Thus, those under age 21 charged with DUI should strongly consider hiring legal representation so as to investigate all recourses that could avoid or mitigate a criminal conviction.
This article lays out the differences in implications for juveniles and young adults (under 21) as well as adults (over 21).
The Administrative License Suspension Proceeding (ALS)
All Georgia drivers charged with DUI need to understand is that there is both an administrative and criminal component involved with the disposition of a DUI arrest. Under the Administrative License Suspension (ALS) proceeding, a person who fails a blood alcohol concentration test or refuses the breath or blood test faces license suspension. The driver must request an ALS appeal hearing within 10 business days of the arrest date.
To Be Clear:
Missing this 10-day appeal deadline means an automatic license suspension. To further elaborate, it needs to be noted that making the appeal will not necessarily overturn the suspension, but provides the driver with the opportunity to overturn the suspension, especially should the DUI charges be dismissed or otherwise be favorably resolved in the completely separate criminal proceeding.
BAC Implications
The ALS proceeding and criminal trial generally rely on the blood alcohol concentration (BAC) breathalyzer test or a blood test to determine whether a person is driving under the influence. For adults over age 21 the BAC limit is 0.08 percent, while for drivers under age 21 the limit is 0.02 percent. While the 0.08 percent level allows a bit of margin for someone who may have had a drink or two prior to driving, the 0.02 percent level essentially allows no margin. Thus a driver under age 21 who has had a drink prior to driving and is tested for BAC will likely be over the legal limit.
Refusing to take a BAC or blood test if arrested for DUI leads to a presumption of one’s guilt in both the ALS and criminal proceedings, and under ALS such refusals generally prevent those whose licenses are suspended for DUI from obtaining limited driving privileges for employment, school, or other needs. And while police and prosecutors generally rely on the breathalyzer test–or refusal to take it–as the primary means to take the case to trial, police in Georgia are increasingly resorting to seeking warrants to draw blood from those who refuse the breathalyzer.
The Penalties for Conviction Are Severe
Standard penalties for DUI convictions for those 21 and over include:
First offense
one-year license suspension
$300 to $1,000 fine
$210 license reinstatement fee
DUI Alcohol or Drug Risk Reduction Program
associated Program costs of about $400
mandatory 40 hours of community service
up to one year imprisonment
Second offense (within five years)
eighteen month to -three-year license suspension
$600 to $1,000 fine
$210 license reinstatement fee
DUI Alcohol or Drug Risk Reduction Program
associated Program costs of about $400
clinical evaluation and possible treatment
minimum 48 hours of jail/maximum 90 days to a year
minimum 30 days of community service
Third offense (within five years)
imposition of Georgia DMV “Habitual Violator” status
five-year revocation of license
$1,000 to 5,000 fine
clinical evaluation and possible treatment
minimum 15 days of jail time
minimum 30 days of community service
$410 license reinstatement fee
DUI Alcohol or Drug Risk Reduction Program
associated Program costs of about $400
name, address and photo posted in the local newspaper
For those age 15 and younger convicted of DUI, the driver’s license is suspended until age 17 for a first offense and until age 18 for a second and third offense. Fees start at $210 for a first offense, rising to $410 for a third one. DUI alcohol or Drug Risk Reduction program and associated costs are imposed for all convictions.
The same fees and program requirements apply to those age 16 to 20 convicted of DUI; however, the license suspension time periods vary, with a first conviction resulting in a suspension of six months for BAC levels under 0.08 percent, but for 12 months for BAC levels over 0.08 percent. A second offense within five years regardless of BAC results in an 18-month suspension, while a third conviction regardless of BAC results in a five-year license suspension.
Under-age-21 drivers should also realize that other alcohol violations can result in driver’s license suspensions. Purchasing alcohol, misrepresenting one’s age for illegally purchasing alcohol, or using false identification for purchasing alcohol can all lead to driver’s license suspension.
All drivers should also be aware that convictions for possession and/or distribution of marijuana and other controlled substances also subject drivers to license suspensions, even if the arrest took place outside of one’s vehicle. A first offense results in a 180-day suspension; a second offense, one-year suspension; and a third, five-year suspension. Along with the suspension, those convicted will be required to partake in the DUI Alcohol or Drug Risk Reduction Program (along with its associated costs) and pay a fee for license reinstatement.
Finally, over-age-21 drivers should realize that DUI charges can be brought against people with levels from 0.05% to 0.08 percent if the prosecution can firmly establish that the driver’s abilities were compromised to the point of making him or her unsafe behind the wheel.
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