It is illegal in all states to drive with a blood alcohol content level of 0.08% or higher. If you are under the age of 21 in the state of Georgia you may also be arrested for DUI if your blood alcohol content is 0.02% or more. Keep in mind, this is considered a per se DUI violation which means the officer does not need evidence that you were not able to safely operate your motorized vehicle, only conclusive evidence from a blood alcohol content test that you were intoxicated at the appropriate level.
Can you be arrested if your blood alcohol content is less than the legal limit? Yes, if the state gathers enough evidence that you were not able to safely operate your car which can include evidence from a field sobriety tests, an officer’s observations, your verbal responses and your actions at the time of the Georgia DUI arrest.
Repeat DUI Offenders in Georgia
If you have been arrested for a third DUI in Georgia the state considers you a repeat offender. All states have implemented DUI laws which inflict more severe DUI penalties for offenders who have been arrested multiple times for DUI.
If you are arrested for a third time for DUI and this is your third arrest within a five year period than your previous DUI convictions can be used to enhance the DUI penalties against you. This means it is time to talk to a DUI lawyer about your options for defending your Georgia DUI case.
First step after third Georgia DUI
If you have been arrested for a third drunk driving offense you face not only criminal penalties but an administrative license suspension. If this is your third failed breath test (you tested over the legal limit of 0.08% or higher two times previously) or if you refused to take a blood alcohol chemical test after your drunk driving arrest you may have your license suspended for five years.
Can you get a hardship or work permit to drive? Not for the first 24 months of the drunk driving administrative license suspension. After the 24 month suspension you may, under certain conditions, petition for a license to drive to work, medical appointments, school or other court approved locations. You may also have to have an ignition interlock device installed on your car which can be a costly investment.
Keep in mind, you may challenge an administrative license suspension by requesting a hearing, but it generally must be done within 10 business days after your DUI arrest. Drivers who do not request the hearing in time will have their license suspended on the 31st day after their Georgia DUI arrest.
Criminal Penalties after third Georgia DUI
If a driver is convicted of a third DUI they will face a 15 days mandatory jail term. The judge, however, has the authority to incarcerate you for 30 days up to one year. Community service and an alcohol rehabilitation class may also be required. Drivers may also have their license revoked for five years.
It is important to remember that the administrative penalties discussed in the above sections are separate from the criminal penalties discussed here. You may have your license suspended by the Georgia Department of Driver Services even if you are not ultimately convicted of DUI in Georgia. If you are convicted of a third DUI and your license is suspended the administrative and criminal suspensions generally run concurrently.
- Georgia DUI – Look Back Laws for Drunk Driving (duiattorneyhome.com)
- Drunk driving – Administrative License Suspension after a DUI (duiattorneyhome.com)
- DUI – Refused Blood Alcohol Content (BAC) Test. Was this a good idea? (duiattorneyhome.com)
Latest posts by Beth (see all)
- California DUI penalties for minors arrested for DUI? - May 6, 2017
- California DUI with minor in the car. What will happen? - April 30, 2017
- Delaware DUI what do I need to know? - April 23, 2017