Driving a motor vehicle under the influence of alcohol or drugs is a crime at any age, but it can be a major cause for concern when an underage driver is convicted of a DUI. If you are under the age of 21 and have been charged with a DUI in Georgia, it is imperative that you understand your legal options and the potential consequences of a conviction. For more information and skilled legal advice, contact an Atlanta DUI lawyer today.

What Are Georgia’s Underage DUI Laws?

Georgia operates under a strict zero-tolerance policy for drivers under the age of 21. The Official Code of Georgia Annotated Section 40-6-391(k)(1) states the following.

“A person under the age of 21 shall not drive or be in actual physical control of any moving vehicle while the person’s alcohol concentration is 0.02 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control ended.”

Essentially, when an individual is under the age of 21, they are not permitted to operate a motor vehicle with a BAC of 0.02 or greater. This is a significantly more stringent rule than the standard DUI law, which allows a person to drive with a blood alcohol concentration of up to 0.08. This is because individuals under the age of 21 are not of legal drinking age. Therefore, there is a no-tolerance policy.

The 0.02 allowance can be considered the margin of error for breathalyzer machines, or to allow for trace amounts of alcohol from food cooked with alcohol, mouthwash, or other substances that can impact the results.

What Happens If I’m Charged With a DUI Under the Age of 21 in GA?

If you are charged with a DUI while under the age of 21 in Georgia, you will be facing a misdemeanor offense. A third or subsequent conviction, however, will be considered an aggravated misdemeanor. It is important to understand the potential consequences of a conviction. Consider the following sentencing guidelines.

First offense misdemeanor:

  • Fines of $300 to $1,000
  • Term of imprisonment for 10 days to 12 months
  • 40 or more hours of community service
  • Completion of a DUI Alcohol or Drug Use Reduction Program
  • Clinical evaluation of substance abuse or dependence
  • Period of probation

Second offense misdemeanor:

  • Fines of $600 to $1,000
  • Term of imprisonment for 90 days to 12 months
  • 30 or more days of community service
  • Completion of a DUI Alcohol or Drug Use Reduction Program
  • Clinical evaluation of substance abuse or dependence
  • Period of probation

Third offense aggravated misdemeanor:

  • Fines of $1,000 to $5,000
  • Term of imprisonment for 120 days to 12 months
  • 30 or more days of community service
  • Completion of a DUI Alcohol or Drug Use Reduction Program
  • Clinical evaluation of substance abuse or dependence
  • Period of probation

The penalties associated with an underage DUI are severe, so it is crucial that you secure skilled legal advice during your case.