Georgia O.C.G.A. 40-6-391 — The Statute Explained

Georgia’s law on driving under the influence (DUI) is contained in O.C.G.A. § 40-6-391. This statute plays a critical role in DUI enforcement, detailing the various offenses and penalties that come with impaired driving. If you or someone you know is dealing with a DUI charge in Georgia, understanding the specifics of this law is crucial. At Willis Law Firm, we work with individuals facing DUI charges to ensure they are fully informed of the legal process and their rights under the law. In this comprehensive guide, we’ll break down the key elements of O.C.G.A. § 40-6-391, including the offenses covered, the penalties you might face, and the consequences of violating the law.

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What is O.C.G.A. § 40-6-391?

O.C.G.A. § 40-6-391 is Georgia’s statute that defines DUI offenses. It makes it illegal to drive a motor vehicle while under the influence of alcohol, drugs, or a combination of both to a degree that impairs the ability to drive safely. This statute is broad in scope and covers not only alcohol-related impairments but also drug-induced impairments, ensuring that impaired driving is addressed in a comprehensive manner.

Under this statute, there are several forms of impairment that can lead to DUI charges:

• Alcohol Impairment: If a person’s blood alcohol content (BAC) is 0.08% or greater, they are considered to be driving under the influence.
• Drug Impairment: Driving under the influence of drugs, whether prescription medication or illegal substances, can lead to DUI charges. The law doesn’t differentiate between types of drugs but focuses on whether the driver is impaired and unable to safely operate a vehicle.
• Combination of Alcohol and Drugs: Even a combination of legal and illegal substances that impairs a driver’s ability to operate a vehicle safely is a violation under this statute.

The law applies only to motor vehicles on public roads and highways, including cars, trucks, and other motorized vehicles. It does not automatically apply to all vehicles, such as ATVs, boats, or other recreational vehicles. Separate DUI statutes apply to non‑motor vehicles like watercraft (boating under the influence or BUI).

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The Key Offenses Under O.C.G.A. § 40-6-391

To break down the legal language of the statute, it’s important to understand the specific offenses covered:

• Driving Under the Influence of Alcohol: A person is considered to be under the influence of alcohol if their BAC is 0.08% or higher. However, Georgia law also has a “zero tolerance” policy for underage drivers (those under 21), making it illegal for them to have any measurable alcohol in their system while driving.
• Driving Under the Influence of Drugs: Whether a person is impaired by prescription drugs, over-the-counter medication, or illegal substances, they can be charged under this statute. The law doesn’t differentiate between types of drugs but focuses on whether the driver is impaired and unable to safely operate a vehicle.
• Refusing a Chemical Test: Under Georgia’s implied consent law, individuals who are arrested for DUI are required to submit to chemical testing (breath, blood, or urine) to determine their level of impairment. Refusing to submit to such tests can result in automatic penalties, including the suspension of their driver’s license, regardless of whether they were intoxicated at the time.

Penalties for DUI Violations Under O.C.G.A. § 40-6-391

The penalties for violating O.C.G.A. § 40-6-391 can vary greatly depending on several factors, including the driver’s BAC, whether it’s a first-time offense, and if there are any aggravating factors involved, such as accidents or injuries. Below are the general penalties associated with a first-time DUI conviction:

• Fines: Fines for a DUI conviction can range between $300 and $1,000, depending on the specifics of the case and the judge’s ruling.
• License Suspension: For a first-time offense, the driver’s license can be suspended for up to 12 months. However, the driver may be eligible for a limited driving permit, allowing them to drive to work or for other essential purposes.
• Jail Time: Although jail time is not always mandatory, it is possible for a first-time offender to face up to 1 year in jail, particularly if there are aggravating factors or if the driver has a particularly high BAC.
• Community Service: The court may require the driver to perform a specified number of hours of community service, typically ranging from 40 to 120 hours, depending on the circumstances.
• Probation: Many first-time offenders are granted probation instead of serving jail time. However, probation conditions may include attending DUI education programs, regular alcohol testing, and following any other restrictions imposed by the court.

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- Travis

Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."

- James Hellens

Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."

- Anonymous

Repeat DUI Offenders: Enhanced Penalties

Repeat DUI offenders face significantly more severe consequences. For example, the penalties for a second DUI conviction may include:

• Higher fines
• A longer license suspension
• Mandatory alcohol treatment programs
• More time spent in jail

If the driver is convicted of a third DUI within 5 years, it may be classified as a felony, leading to even harsher penalties.

What Happens if You Refuse to Take a Chemical Test?

Georgia’s implied consent law requires drivers to submit to chemical testing if they are arrested for DUI. Refusal to take a breathalyzer or other chemical tests can lead to consequences, including:

• License Suspension: Refusing a chemical test leads to an automatic suspension of the driver’s license for 1 year, regardless of whether the driver is guilty of DUI or not.
• Legal Consequences: While refusing the test cannot be used as evidence in a criminal trial, the refusal can still result in a DUI conviction if other evidence, such as field sobriety test results, supports impairment.

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Aggravating Factors and Enhanced Penalties

Several aggravating factors can lead to enhanced penalties for DUI violations under O.C.G.A. § 40-6-391. These factors include:

• DUI with a Child Passenger: If a person is caught driving under the influence with a child passenger under the age of 14 in the vehicle, they can face additional charges and penalties. The penalties can include mandatory community service, higher fines, and an extended license suspension.
• DUI with Property Damage or Injury: If a DUI results in an accident that causes property damage or injury to others, the penalties increase significantly. The driver may face felony charges if the accident involves severe injury or death.
• High BAC: Drivers with a BAC of 0.15% or higher can face enhanced penalties, including longer license suspensions, mandatory alcohol treatment programs, and steeper fines.

Field Sobriety Tests in Georgia DUI Cases

When law enforcement pulls a driver over on suspicion of DUI, the officer may request that the driver perform field sobriety tests (FSTs). These tests are designed to evaluate the driver’s coordination, balance, and mental function. Common tests include:

• The Walk-and-Turn Test: The driver is asked to walk in a straight line, heel to toe, and then turn around and return. This test evaluates coordination and balance.
• The One-Leg Stand Test: The driver is asked to stand on one leg for a certain period of time. This test is designed to evaluate balance and physical coordination.
• The Horizontal Gaze Nystagmus Test: The officer moves a stimulus (often a pen) in front of the driver’s eyes to observe eye movement. This test assesses the driver’s ability to follow a moving object and can indicate impairment.

If the driver fails these tests, it can lead to an arrest for DUI. However, these tests are not always accurate, and various factors, such as medical conditions or age, can affect the results.

What to Do if You Are Arrested for DUI

If you are arrested for DUI in Georgia, it’s important to take the following steps to protect your rights:

• Consult with an Attorney: The legal implications of a DUI conviction can be significant. Seeking the advice of an experienced DUI defense attorney is critical in understanding your options and building a defense strategy.
• Know Your Rights: You have the right to remain silent and to request an attorney. Exercise these rights to avoid self-incrimination during your arrest.
• Challenge the Evidence: In many DUI cases, the evidence may be open to challenge. This could include questioning the accuracy of the field sobriety tests, breathalyzer results, or even the reason for the traffic stop.

O.C.G.A. § 40-6-391 is an important statute that governs DUI offenses in Georgia. This law applies to drivers impaired by alcohol, drugs, or a combination of both, and outlines the penalties for such offenses. For those facing DUI charges, understanding the statute and the legal process is essential for navigating the case effectively. If you find yourself dealing with a DUI charge, consulting with an experienced attorney from Willis Law Firm can help ensure that your rights are protected and that you receive the best possible defense.