If you are convicted of a DUI in Georgia, you can face significant consequences, including a jail sentence. For more information and to obtain skilled legal representation during your case, reach out to a knowledgeable Atlanta DUI lawyer today.

What is a DUI?

DUI stands for Driving Under the Influence. It is the criminal offense of operating a motor vehicle while intoxicated or impaired by drugs or alcohol. The use of drugs and alcohol can significantly impair a driver’s judgment, coordination, and reaction time. Individuals who drive drunk can cause serious accidents, injuries, and even death as a result of their diminished abilities.

Under the Official Code of Georgia Annotated § 40-6-391, it is illegal for a person to drive or be in physical control of a moving vehicle while:

  1. “Under the influence of alcohol to the extent that it is less safe for the person to drive;
  2. Under the influence of any drug to the extent that it is less safe for the person to drive;
  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;
  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;
  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
  6. being in actual physical control ended; or
  7. …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.”

How Long Will I Go to Jail for a DUI in GA?

If you are convicted of a DUI in Georgia, you can face a variety of legal penalties, one of which is jail time. The length of your sentence will depend on the specific circumstances of your situation, most notably whether you have prior convictions for the same offense.

A first and second conviction is considered a misdemeanor, a third conviction is a high and aggravated misdemeanor, and a fourth or subsequent conviction is a felony offense.

  • First offense: A minimum of 10 days and up to 12 months of imprisonment
  • Second offense in 10 years: A minimum of 90 days and up to 12 months of imprisonment
  • Third offense in 10 years: A minimum of 120 days and up to 12 months of imprisonment
  • Fourth or subsequent offense in 10 years: A minimum of 1 year and up to 5 years of imprisonment

Aggravating or mitigating circumstances can affect the amount of time you are sentenced to. For more information, contact an experienced defense attorney today.