Driving under the influence (DUI) litigation is a special type of misdemeanor offense unless someone has been convicted of too many DUI’s in a short period of time and arrested again in Georgia. DUI arrests can occur whether someone is actually impaired or not, as simply the presence of drugs or alcohol could trigger an arrest. However, a conviction requires proof that someone was driving a motor vehicle while impaired as a result of alcohol or drugs, whether prescription of recreational, and that as a result of the alcohol or drugs, the driver was incapable of driving the motor vehicle safely.

DUI convictions come with stiff financial and other penalties that are often much greater than other misdemeanors and have long lasting effects. DUI offenses cannot be expunged, and many counties will not reduce DUI charges to a lesser charge, particularly without an attorney to challenge the pseudo-science behind the laws as well as the process utilized by the law enforcement officers to obtain evidence against you.

Georgia’s DUI Laws

The Official Code of Georgia Annotated contains numerous laws pertaining to the DUI issue. The section below is intended to assist interested parties in quickly accessing the appropriate code section for research purposes.

  • O.C.G.A. 40-5-55: Implied consent to chemical tests.
  • O.C.G.A. 40-5-57.1: Revocation of licenses of persons under age 21 for certain offenses; issuance of new license following revocation.
  • O.C.G.A. 40-5-67: Seizure and disposition of driver’s license of persons charged with driving under the influence; issuance of a temporary driving permit; disposition of cases.
  • O.C.G.A. 40-5-67.1: Chemical tests; implied consent notices; rights of motorists; test results; refusal to submit; suspension or denial; hearing and review.
  • O.C.G.A. 40-5-67.2: Terms and conditions for suspension of license under subsection C of Code Section 67.1
  • O.C.G.A. 40-5-75: Suspension of licenses by operation of law for conviction of possession, distribution, manufacture, cultivation, sale or transfer of controlled substances or marijuana; or driving under the influence of the substance.
  • O.C.G.A. 40-6-391: Addresses driving under the influence of alcohol, drugs or other intoxicating substances; penalties for first, second and subsequent convictions; child endangerment.
  • O.C.G.A. 40-6-391.1: Nolo contendere please; requirement to attend an alcohol and drug course.
  • O.C.G.A. 40-6-391.2: Seizure and forfeiture of a motor vehicle operated by habitual offender.
  • O.C.G.A. 40-6-391.3: Penalty for conviction for driving under the influence of alcohol or drugs while driving a school bus.
  • O.C.G.A. 40-6-392: Chemical tests for alcohol or drugs in blood.
  • O.C.G.A. 40-6-393: Homicide by vehicle.
  • O.C.G.A. 40-6-393.1: Feticide by vehicle.
  • O.C.G.A. 40-6-394: Serious injury by vehicle


Georgia’s DUI Laws | Georgia Governor’s Office of Highway Safety

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