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Georgia

Felony DUI

Fourth offense

DUID Zero Tolerance and Per Se Laws

Zero tolerance for some drugs

Cannabis Drug-Impaired Driving Laws

Zero tolerance for THC and metabolites

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.15

DUI Look-back Periods

Ten years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Permitted

Habitual Offender Designation

Habitual Offender Law Enacted

Drug Evaluation and Classification Program

151-250 DREs

DUI Courts - Standalone

16-20 DUI Courts

DUI Courts - Hybrid

1-5 Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Non-psychoactive Medical Cannabis (i.e., Cannabidiol - CBD)

DUID: Implied Consent Testing Methods

Blood, urine, and other bodily substances

DUID Affirmative Defense

Special circumstances

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

Enacted Drunk Driving Legislation

Lower BAC legislation

No legislation introduced

Low BAC

Low BAC may be considered with other evidence

CARS Implementation

active

2017 New Impaired Driving and Underage Drinking Laws

No legislation passed

Ignition Interlocks

Incentivized first offender and mandatory repeat

Electronic Warrants (E-warrants) Authorization

Legislation

Top Detected Drug Category by State (2019)

Cannabis

2019 Enacted Impaired Driving & Underage Drinking Legislation

Impaired Driving Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

No license suspension

False Identification - Point-of-Sale Policies

No Distinctive License & No Seizure Law

No Refusal Programs

Has legal authority to implement No Refusal program

Oral Fluid Testing

Oral fluid testing authorized

Implied Consent Laws

Drugs

§ 40-5-67.1 - Learn More
"The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs."

Blood

§ 40-5-67.1 - Learn More
"The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs."

Urine

§ 40-5-67.1 - Learn More
"The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs."

Oral Fluids

§ 40-5-67.1 - Learn More
"The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs."

Other

§ 40-5-67.1 - Learn More
"The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs."

DUI Statutes

Drugs

§ 40-6-391 - Learn More
May not be under the influence of alcohol or any drug to the extent that it is less safe for the person to drive or under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive.

Combined/Multiple Substance

§ 40-6-391 - Learn More
Drivers may not be "under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) – see above – to the extent that it is less safe for the person to drive."

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

§ 40-5-67.1 - Learn More
GA license suspension of up to one year

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes
Refusal to submit to blood or urine testing may be offered into evidence at trial. (Statute does not mention type of hearing or trial.)

Criminal Trial

Yes
Refusal to submit to blood or urine testing may be offered into evidence at trial. (Statute does not mention type of hearing or trial.)

ALR Laws

Cannabis

§ 40-5-75 - Learn More
The driver's license of any person convicted of driving while under the influence of a controlled substance or marijuana shall by operation of law be suspended

Length/Time of Restriction

§ 40-5-75 - Learn More
First conviction: minimum 180 days
Second conviction (w/in 5 years): 3 years, w/ ability to apply for probationary license after 1 year
Third and subsequent conviction (w/in 5 years): 5 years, w/ ability to apply for probationary license after 2 years

Hardship License Available

§ 40-5-75 - Learn More
The term "extreme hardship" means that the applicant cannot reasonably obtain other transportation.

Random Drug Testing or Ignition Interlock Requirements

Cannabis

§ 40-5-64.1 - Learn More
Interlocks required on 2nd or subsequent offense

Other Drugs

§ 40-5-64.1 - Learn More
Interlocks required on 2nd or subsequent offense

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

§ 40-6-391 - Learn More
Yes, zero tolerance for all ages: a person may not drive with any amount of marijuana or a controlled substance present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood

Cannabis Per Se Statute

No statute

Threshold

None

Nanogram Limit

None

DUI Standards

Illegal to drive with any amount of marijuana in one's system. See § 40-6-391 - Learn More

Provisions for Screening Cannabis/Assessment/Education/Treatment

§ 40-6-391 - Learn More
Completion of a DUI alcohol or drug use risk reduction program required for all offenses

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

§ 40-6-391 - Learn More
First conviction: fine of $300 - $1,000; imprisonment 10 days - 12 months, minimum 40 hours of community service; completion of a DUI Alcohol or Drug Use Risk Reduction Program; clinical evaluation; a period of probation
Second conviction (w/in 10 years): fine of $600 - $1,000.00; imprisonment of 90 days - 12 months; minimum 30 days of community service; completion of a DUI Alcohol or Drug Use Risk Reduction Program; clinical evaluation; a period of probation
Third conviction (w/in 10 years): fine of $1,000.00 - $5,000.00; imprisonment of 120 days - 12 months; minimum 30 days of community service; completion of a DUI Alcohol or Drug Use Risk Reduction Program; clinical evaluation; a period of probation
Fourth conviction (w/in 10 years): fine of $1,000.00 - $5,000.00; imprisonment of 1 year – 5 years; minimum 60 days of community service; completion of a DUI Alcohol or Drug Use Risk Reduction Program; clinical evaluation; a period of probation

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

Yes. See § 40-6-391 - Learn More
Drivers may not be "under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) – see above – to the extent that it is less safe for the person to drive."

Penalties for Multiple Substance/Multiple Substance Impaired Driving

No Data Available

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

§ 40-6-391(l) - Learn More
A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs.

Statutes with THC Listed as Delta 8, 9, 10, or 11

No Data Available

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

None

Underage Cannabis Laws and Penalties

Underage Possession

§ 16-13-2 - Learn More (< 1 oz.)
§ 16-13-30 - Learn More (> 1 oz.)
Same statute as for adults, but penalties may vary in Juvenile Court

Underage Consumption

§ 16-13-2 - Learn More (< 1 oz.) § 16-13-30 - Learn More (> 1 oz.)
Same statute as for adults, but penalties may vary in Juvenile Court

Underage Purchase

§ 16-13-2 - Learn More (< 1 oz.) § 16-13-30 - Learn More (> 1 oz.)
Same statute as for adults, but penalties may vary in Juvenile Court

Underage Attempt to Purchase

§ 16-13-2 - Learn More (< 1 oz.) § 16-13-30 - Learn More (> 1 oz.)
Same statute as for adults, but penalties may vary in Juvenile Court

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

No exemptions

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

Alcohol only - not specific to cannabis or other drugs. See § 3-3-23 - Learn More

Drugs

Alcohol only - not specific to cannabis or other drugs. See § 3-3-23 - Learn More

Penalties for Retailers Who Knowingly Sell to People Under 21

Involving a minor in the sale or cultivation of marijuana is a felony punishable by a minimum of 5 years and maximum of 20 years imprisonment and/or a fine up to $20,000. See § 16-30-1(k) - Learn More

Other

No Data Available