Understanding OCGA § 40-6-391: An Overview of Georgia’s DUI Laws

The Official Code of Georgia Annotated (OCGA) § 40-6-391 addresses the laws and penalties related to driving under the influence (DUI) of alcohol, drugs, or other intoxicating substances in Georgia. This statute lays out the legal implications various situations can create when driving impaired, including blood-alcohol concentration (BAC) limits, drugged driving, and driving after consuming inhalants. The following sections will break down and explain the different sections of OCGA § 40-6-391.

Section (a): Prohibited Actions

Section (a) of OCGA § 40-6-391 prohibits impaired driving under the following conditions:

1. When a person is under the influence of alcohol with a BAC of 0.08% or higher within three hours after driving.
2. When a person is under the influence of any drug to the extent that it renders them incapable of driving safely.
3. When a person is under the influence of alcohol and one or more drugs that impair their ability to drive safely.
4. When a person is under the effect of intoxicating substances such as glue, aerosol, or other vapors that impair their ability to drive safely.

Section (b): Penalties for Violations

Section (b) of OCGA § 40-6-391 addresses the penalties for DUI offenses, which include fines, imprisonment, community service, license suspension, and more. The penalties become more severe with repeat offenses within a ten-year period:

1. First Offense: Misdemeanor charge, imprisonment up to 1 year, possible fine ranging from $300 to $1,000, minimum 40 hours of community service, and possible license suspension.
2. Second Offense: Misdemeanor charge, imprisonment from 90 days up to 1 year, fine ranging from $600 to $1,000, minimum 30 days of community service, mandatory driver’s license suspension, and mandatory installation of an ignition interlock device.
3. Third Offense: High and aggravated misdemeanor charge, imprisonment from 120 days up to 1 year, fine ranging from $1,000 to $5,000, minimum 30 days of community service, mandatory driver’s license revocation, and mandatory installation of an ignition interlock device.
4. Fourth Offense: Felony charge, imprisonment from 1 to 5 years, fine ranging from $1,000 to $5,000, minimum 60 days of community service, and mandatory driver’s license revocation.

Section (c): Underage DUI

Section (c) addresses the penalties for drivers under 21 years of age, who are found to have a BAC of 0.02% or more. The statute identifies stricter consequences, such as license suspension or revocation, in addition to penalties faced by adult drivers.

Section (d): Commercial Drivers

Section (d) highlights specific penalties for commercial drivers who commit a DUI offense. These drivers face license disqualification, with even longer disqualification periods for repeat offenses.

Section (e) & (f): Boating Under the Influence

Sections (e) and (f) cover boating while intoxicated, restricting boat operators from having a BAC of 0.08% or higher within two hours of operation or being under the influence of drugs or other intoxicating substances.

In Conclusion

OCGA § 40-6-391 comprehensively outlines the regulations and penalties for driving under the influence of alcohol, drugs, or other intoxicating substances in Georgia. Understanding these laws can help prevent tragic accidents, legal repercussions, and ensure safer roads for everyone. If you or a loved one has been affected by a DUI-related incident, don’t hesitate to seek professional legal assistance. Contact the experienced personal injury attorneys at Cohen & Sinowski for a free consultation. Let us help you navigate the legal complexities and protect your rights while ensuring you receive the compensation you deserve. Remember, #localmatters, and we’re here to support you.