Georgia DUI Arrest
Download the DUI Law Chart (PDF)
A DUI arrest occurs when a person is taken into police custody after being accused of driving under the influence of alcohol and/or drugs. In Georgia, a driver over the age of 21 can be detained and booked for having a measurable blood alcohol content (BAC) of .08% or higher. Minors can be taken into custody for having a BAC of .02% or more. This lower limit is due to Georgia’s Zero Tolerance laws for underage drivers.
The DUI Arrest Process
A Georgia DUI arrest sometimes starts as the result of an accident investigation. Other times, a police officer may witness a person driving erratically, committing a moving violation, or driving a vehicle with equipment problems or an expired tag. DUI roadblocks can also lead to an arrest if an officer notices a driver with slurred speech, bloodshot eyes, or the scent of alcohol.
Usually an officer will ask a driver to perform a series of field sobriety tests and submit to a portable Breathalyzer test. Such roadside tests are completely and absolutely voluntary but if a driver takes the test and is deemed to fail, such tests could lead to probable cause for a DUI arrest.
If a driver is judged – fairly or unfairly – to have failed a field sobriety test or a portable breath test, the driver will be read his/her rights and taken to the police station after being placed under DUI arrest. At the station, the individual will be requested to submit to an “official” breath, blood or urine test. Refusing to take a chemical test after a DUI arrest is a violation of Georgia’s implied consent law and usually results in tougher penalties, as well as an automatic license suspension.
After a DUI arrest the driver can expect to be booked which includes being photographed and fingerprinted. The individual will remain in jail until bail arrangements have been set and paid. Bail is used to ensure that the person charged with DUI shows up for court.
Following a Georgia DUI arrest, a person may face administrative sanctions by the department of motor vehicles in addition to criminal charges. An actual conviction might bring jail time, fines, community service, and loss of driving privileges, and other penalties.
A DUI arrest can lead to somber consequences—it is important that you speak to a skilled DUI defense lawyer today to protect your rights.
