There are two kinds of DUIs for underage drivers in Georgia. The law in Georgia states that when a person is under 21 years of age, they are per se DUI if their BAC is .02% or more. That means if you are under 21 years old and take the state test and the result is .02 or more, the state does not have to show any impairment to get a DUI conviction. You might exceed .02% after just one beer, glass of win, or shot of liquor. This low limit reflects Georgia’s harsh stance against underage DUIs. (OCGA § 40-6-391)
If you refuse the test and are under 21, the state will charge you with DUI Less Safe. In those cases, the state must show that you were driving while impaired to the extent it was less safe for you to drive, regardless of your age.
The penalty for Under 21 DUI depends on your history and could include:
- First offense within 10 years
- misdemeanor
- $300-$1000 in fines plus court fees and surcharges
- 24 hours to 12 months in jail
- at least 20 hours community service work
- risk reduction course
- MADD Impact Panels
- Second Offense within 10 years
- misdemeanor
- $600-$1000 in fines plus court fees and surcharges
- 72 hours to 12 months in jail
- at least 30 days community service work
- risk reduction course
- MADD Impact Panels
- Third Offense within 10 years
- high and aggravated misdemeanor
- $1000-$5000 in fines plus court fees and surcharges
- 15 days to 12 months in jail
- at least 30 days community service work
- risk reduction course
- MADD Impact Panels
- Fourth Offense within 10 years
- Generally, a fourth DUI conviction within a ten-year period is a high and aggravated misdemeanor. However, if all three prior offenses occurred on or after July 1, 2008, the fourth offense is a felony
- $1000-$5000 in fines plus court fees and surcharges
- 90 days to five years in jail
- at least 60 days community service work
- risk reduction course
- MADD Impact Panels
If convicted of the charge of DUI Under 21 Years of Age, you can expect to have your license suspended for a minimum of six months and cannot get a work or school permit. It can be longer depending on your prior convictions. Bray Law can help you understand the confusing license laws and how your charge and conviction or plea will affect your ability to drive. (OCGA § 40-5-57.1)
Georgia law provides some special sentencing treatment for underage DUI offenders. In the judge’s discretion, a first time underage DUI offender can serve any required jail time on the weekends or during non-working hours. Additionally, underage first offenders are to be housed separately from other inmates. (OCGA § 17-10-3.1)
Under 21 DUI charges can be challenging and are serious. On top of being arrested and booked into jail, you have to deal with the uncertainty of your future. This can be a frightening time in your life. However, you need to make sure you handle the situation properly. You need to get an experienced DUI attorney such as Bridgett Bray as soon as possible.