In Georgia, driving under the influence (DUI) is primarily governed by O.C.G.A. § 40-6-391. This statute covers impairment by alcohol, drugs, or a combination of substances.

1. The Primary Offenses

Georgia law recognizes two main ways a driver can be charged with a DUI:

• DUI Per Se [O.C.G.A. § 40-6-391(a)(5)]: * This applies when a driver’s Blood Alcohol Concentration (BAC) is 0.08 grams or more within three hours of driving.

  • Under 21: The limit is 0.02 grams [O.C.G.A. § 40-6-391(k)(1)].

  • Commercial Drivers: The limit is 0.04 grams [O.C.G.A. § 40-6-391(i)].

• DUI Less Safe [O.C.G.A. § 40-6-391(a)(1)-(4)]: * You can be charged even if your BAC is under 0.08 if the officer believes you are "less safe" to drive due to alcohol, drugs, or even prescription medication.

2. Implied Consent & The 30-Day Rule

• Implied Consent [O.C.G.A. § 40-5-67.1]: By holding a Georgia driver’s license, you have "implied" your consent to a state-administered chemical test (breath, blood, or urine) if you are arrested for DUI.

• Refusal Penalties: Refusing the state’s test typically results in a one-year "hard" suspension of your driver’s license with no limited permit available.

• The 30-Day Rule: After a DUI arrest, you have only 30 calendar days to request an Administrative License Suspension (ALS) hearing or apply for an Ignition Interlock Device (IID) permit to prevent automatic suspension.

3. Special Consequences for CDL Holders

Commercial Driver’s License (CDL) holders are held to a much higher standard than the general public. Under O.C.G.A. § 40-5-151, the consequences for a DUI are immediate and severe, even if you were off-clock at the time.

• The "Personal Vehicle" Trap: One of the most common misconceptions is that a DUI in your personal car won't affect your work life. In Georgia, a DUI conviction in your private vehicle results in a mandatory 1-year disqualification of your CDL. * The 0.04% Limit [O.C.G.A. § 40-6-391(i)]: When operating a commercial vehicle, the legal BAC limit is slashed in half to 0.04%.

• No "Hardship" Permits: Unlike a standard driver who may be eligible for a limited permit to drive to work, there is no limited or "hardship" permit available to operate a commercial vehicle during a disqualification period.

• Lifetime Ban: A second conviction for DUI (or a second refusal of a state-administered test) results in a lifetime disqualification of your commercial driving privileges [O.C.G.A. § 40-5-151(c)].

• Hazardous Materials: If you are arrested for DUI while operating a commercial vehicle placarded for hazardous materials, the first-offense disqualification is increased to 3 years.

• 24-Hour Out-of-Service: Under O.C.G.A. § 40-5-152, if a CDL driver is found to have any measurable amount of alcohol in their system, they must be placed out of service for 24 hours immediately.

4. Boating Under the Influence (BUI)

In Georgia, operating a watercraft while impaired is governed by O.C.G.A. § 52-7-12. This law applies to any moving vessel, including motorboats, jet skis, and even water skis or surfboards.

1. The Legal Limits

The "Per Se" limits for boating in Georgia match those for driving:

• Adults (21+): 0.08 grams or more BAC.

• Under 21: 0.02 grams or more BAC.

• BUI Less Safe: You can be charged with a BAC below 0.08 if an officer determines you are "less safe" to operate the vessel due to alcohol or drugs.

2. Key Differences from DUI

It is important to understand that the rules on the water are not identical to the rules on the road:

• No Probable Cause Needed for Stops: Unlike a car, law enforcement (DNR or local police) does not need a reason to stop your boat. They can board your vessel at any time for a "random safety check" to inspect life vests or registration.

• The 10-Day Rule: If your boating privileges are suspended following an arrest, you have only 10 business days to request an administrative hearing to contest the suspension. This is much shorter than the 30-day window allowed for driver's license appeals.

• Open Containers: It is not illegal to have an open container of alcohol on a boat in Georgia. However, the operator must remain under the legal limit and avoid being "less safe."

3. Penalties & Sentencing

Most BUI charges are misdemeanors, but they carry significant consequences:

• Sentencing Range: 24 hours to 12 months (though a judge may stay or probate the majority of this time).

• Fines: $300 to $1,000.

• Boating Privilege: Suspension of your right to operate a vessel for up to one year.

• Child Endangerment: If a child under 14 is on the boat during a BUI, you may face a separate charge of Child Endangerment for each child present.

5. Court Jurisdiction: Where is the case heard?

• Municipal Courts: Often handle DUI cases that occur within city limits in some stages (e.g., Chatham County Recorder’s Court). They generally handle the initial stages and pleas.

• State Courts: Handle the majority of DUI misdemeanors (1st, 2nd, or 3rd offenses).

• Superior Courts: Handle Felony DUIs. A DUI becomes a felony if:

  • It is a 4th conviction within 10 years [O.C.G.A. § 40-6-391(c)(4)].

  • It involves serious injury by vehicle [O.C.G.A. § 40-6-394].

  • It involves feticide or homicide by vehicle [O.C.G.A. § 40-6-393].

In Georgia, felony offenses generally carry a sentencing range of at least one year. Depending on the specific circumstances of the case and a defendant’s prior history, these sentences may be served through a combination of incarceration and probation, or in some cases, entirely on probation.

1. Crimes Against Persons (O.C.G.A. Title 16, Chapter 5)

• Aggravated Assault [§ 16-5-21]:

  • The Law: Committing an assault with a deadly weapon, an object likely to cause serious injury, or with the intent to murder, rape, or rob.

  • Sentencing Range: 1 to 20 years.

• Aggravated Battery [§ 16-5-24]:

  • The Law: Maliciously causing bodily harm by depriving the victim of a body part, rendering a part of their body useless, or causing serious disfigurement.

  • Sentencing Range: 1 to 20 years.

• Cruelty to Children (1st Degree) [§ 16-5-70(b)]:

  • The Law: Willfully depriving a child under 18 of necessary sustenance or maliciously causing the child cruel or excessive physical or mental pain.

  • Sentencing Range: 5 to 20 years.

• Cruelty to Children (2nd Degree) [§ 16-5-70(c)]:

  • The Law: Causing a child under 18 cruel or excessive physical or mental pain through criminal negligence rather than malice.

  • Sentencing Range: 1 to 10 years.

2. Drug Offenses (O.C.G.A. Title 16, Chapter 13)

• Possession of a Controlled Substance [§ 16-13-30(a)]:

  • The Law: Unlawful purchase or possession of controlled substances (Schedules I-V).

  • Sentencing Range: For Schedule I or II (e.g., Cocaine, Meth), generally 1 to 15 years depending on the weight.

• Possession with Intent to Distribute [§ 16-13-30(b)]:

  • The Law: Possessing controlled substances with the intent to sell or deliver them, often evidenced by scales, packaging materials, or large amounts of cash.

  • Sentencing Range: For Schedule I or II, 5 to 30 years.

3. Weapons & Property Crimes (O.C.G.A. Title 16, Chapters 8 & 11)

• Possession of a Firearm During the Commission of a Felony [§ 16-11-106]:

  • The Law: Having a firearm on or within arm's reach of one's person during the commission of (or the attempt to commit) certain felonies, including drug crimes and crimes against persons.

  • Sentencing Range: 5 years (to be served consecutively to the underlying felony sentence).

• Possession of a Firearm by a Convicted Felon [§ 16-11-131]:

  • The Law: It is unlawful for any person who has been convicted of a felony by a court of this state, any other state, or the United States to possess any firearm.

  • Sentencing Range: 1 to 10 years.

• Theft by Taking [§ 16-8-2]:

  • The Law: Unlawfully taking or appropriating someone else's property with the intent to deprive them of it.

  • Sentencing Range: If the value exceeds $1,500, the sentencing range is 1 to 10 years.

• Theft by Shoplifting [§ 16-8-14]:

  • The Law: Taking merchandise, altering price tags, or avoiding payment in a retail establishment.

  • Sentencing Range: If the value exceeds $1,500, or if it is a 4th conviction for shoplifting, the range is 1 to 10 years.

The Georgia Court System: A General Guide

Georgia’s judicial branch is divided into several levels. Most cases begin in Trial Courts, where evidence is presented, and move up to Appellate Courts if a legal error needs to be corrected.

1. Courts of Limited Jurisdiction (The Entry Point)

These courts handle specific types of cases or smaller claims to keep the higher courts from being overwhelmed.

• Magistrate Court: Often called "Small Claims Court." They handle civil disputes under $15,000, evictions, and minor localized issues. There are no jury trials here; a judge makes the final call.

• Probate Court: The primary hub for wills, estates, and guardianships. They also handle marriage licenses and firearm permits.

• Juvenile Court: Dedicated to cases involving minors (under 18), specifically regarding delinquency, dependency, or neglect.

• Municipal Court: Local city courts that handle traffic tickets, local ordinance violations, and some very minor criminal misdemeanors.

2. Courts of General Jurisdiction (Trial Courts)

This is where the majority of serious legal battles happen, including jury trials.

• State Court: These courts handle misdemeanors (like DUIs or shoplifting) and civil cases that don't fall under the exclusive rule of the Superior Court.

• Superior Court: The highest level of trial court. It has exclusive jurisdiction over the "big" stuff:

  • Felonies (serious crimes)

  • Divorce and domestic relations

  • Equity cases and disputes over Land Titles

3. Appellate Courts (The Reviewers)

If a party believes a trial was unfair due to a legal mistake, they "appeal" to these courts. They do not hear new witnesses or look at new evidence; they only review the written record of the lower trial.

• Court of Appeals of Georgia: The first stop for most appeals coming out of Superior or State courts. They ensure the law was followed correctly during the trial.

• Supreme Court of Georgia: The highest court in the state. It has the final say on the Georgia Constitution and handles specific high-stakes appeals, such as those involving the death penalty or constitutional challenges.

Child Support in Georgia

Child support in Georgia is governed by O.C.G.A. § 19-6-15. Georgia uses the "Income Shares Model," which assumes that a child should receive the same proportion of parental income they would have received if the parents lived together.

The Calculation Process

• The Law: Both parents' monthly gross incomes are added together to find a "Combined Adjusted Income." This number is applied to the Georgia Basic Child Support Obligation (BCSO) Table to find the base amount of support needed for the child.

• Pro Rata Share: Each parent is responsible for a percentage of that base amount equal to their percentage of the combined income. For example, if one parent earns 60% of the total household income, they are responsible for 60% of the support.

The 2026 Mandatory Adjustments

As of January 1, 2026, the court is required to apply certain adjustments that were previously discretionary:

• Mandatory Parenting Time Adjustment: Child support is no longer based on income alone. The calculation must now account for the actual number of overnights each parent has with the child. More overnights generally result in a reduction of the support obligation for the non-custodial parent.

• Low-Income Adjustment: For parents whose income falls below a certain threshold, the law now provides an automatic "Low-Income Adjustment" to ensure the support order is sustainable and does not consume an excessive portion of the parent's available income.

Deviations from the Standard Amount

• The Law: A judge may deviate from the "presumptive" amount of child support if the standard calculation would be inequitable or not in the best interest of the child.

• Common Deviations: These include extraordinary educational expenses (private school), special medical needs, travel expenses for visitation, and high-income adjustments (for combined incomes exceeding $40,000 per month).

• Health Insurance & Childcare: These costs are typically "shared" between parents pro-rata and added to the basic support obligation.

Duration of Support

• The Law: Generally, child support continues until the child reaches the age of 18.

• High School Extension: If a child is still enrolled in secondary school (high school) full-time after turning 18, support continues until the child graduates, but not beyond the age of 20.

• Early Termination: Support may end earlier if the child marries, dies, joins the military, or becomes legally emancipated.escription