Fourth offense
Zero tolerance for some drugs
Zero tolerance for THC and metabolites
Enhanced penalties
0.15
Ten years
In compliance with Federal requirements
Good Samaritan law enacted
Administrative penalties
No 24/7 legislation
ALS/ALR law enacted
Permitted
Habitual Offender Law Enacted
151-250 DREs
16-20 DUI Courts
1-5 Hybrid Courts
No cannabis open container law
Non-psychoactive Medical Cannabis (i.e., Cannabidiol - CBD)
Blood, urine, and other bodily substances
Special circumstances
No Data Available
Not authorized to use e-warrants
No Data Available
No legislation introduced
Low BAC may be considered with other evidence
active
Incentivized first offender and mandatory repeat
Legislation
Cannabis
No license suspension
No Distinctive License & No Seizure Law
Has legal authority to implement No Refusal program
Oral fluid testing authorized
§ 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."
§ 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."
§ 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."
§ 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."
§ 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."
§ 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.
§ 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."
§ 40-5-67.1 - Learn More
GA license suspension of up to one year
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.)
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.)
§ 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
§ 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
§ 40-5-75 - Learn More
The term "extreme hardship" means that the applicant cannot reasonably obtain other transportation.
§ 40-5-64.1 - Learn More
Interlocks required on 2nd or subsequent offense
§ 40-5-64.1 - Learn More
Interlocks required on 2nd or subsequent offense
§ 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
No statute
None
None
Illegal to drive with any amount of marijuana in one's system. See § 40-6-391 - Learn More
§ 40-6-391 - Learn More
Completion of a DUI alcohol or drug use risk reduction program required for all offenses
No Data Available
§ 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
Yes
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."
No Data Available
§ 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.
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
None
§ 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
§ 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
§ 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
§ 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
No exemptions
No Data Available
No Data Available
Alcohol only - not specific to cannabis or other drugs. See § 3-3-23 - Learn More
Alcohol only - not specific to cannabis or other drugs. See § 3-3-23 - Learn More
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
No Data Available