Georgia DUI Frequently Asked Questions

1. What are the PER SE Blood Alcohol limits in Georgia?

  Intoxilyzer 5000 approved machine. Not a crime to refuse.

Driver has right to independent test after submitting to the State test.

2.  Does Georgia have any form of administrative license revocation/suspension for an arrested driver testing ABOVE the applicable legal limit?

YES, Admin Susp of 1 year for 1st offense, subject to early reinstatement upon completion of DUI School (20H course in GA). Deadline of 10 business days to request hearing to keep the ALS from taking effect automatically on the 30th day after arrest.

Does Georgia have any form of administrative suspension or revocation on arrest for REFUSING to be tested?:

YES, a "hard" 1 year suspension for refusal, with no early reinstatement and no limited work permit. Deadline of 10 business days to keep the ALS from taking effect automatically on the 30th day after arrest.

3.  What is the applicable "look-back" period in Georgia i.e., the number of years will look for prior DUI/DWI convictions to INCREASE mandatory punishments?

In Georgia, 5 year look back for prior DUI's, but most judges now consier the lifetime for enhanced punishment.

4.  Does Georgia permit or not permit JURY trials? Does the right to jury trial only attach in certain circumstances?

Jury trial is right of defendant in Georgia for any misdemeanor, including any DUI.

5. Reciprocal Suspensions: Does Georgia suspend licences for persons convicted in other states or provinces and if so which states or provinces?

Georgia is member of Non-Resident Violator Compact, which requires sharing of conviction information with a driver's home state. But Georgia is NOT a member of the Drivers License Compact (which shares driver license histories with member states). Georgia keeps its driver histories separate.