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Two beers is not a confession.

A DUI starts at a stop and moves fast: field tests, a breath or blood test, your license. Here's what the rules look like in Georgia.

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Police lights in a car rear-view mirror at night, rain on the windshield
11:40 PM. Lights in the mirror.

DUI in Georgia, plainly

General information, not advice for your case. The details of your stop matter most.

  1. The numbers

    0.08 for most adult drivers, 0.04 for commercial drivers, 0.02 for drivers under 21. You can also be charged as “less safe” with a lower reading.

    O.C.G.A. § 40-6-391
  2. Roadside tests

    Walking the line, following a pen, standing on one leg: field sobriety tests are generally voluntary in Georgia.

  3. The test after arrest

    Georgia's implied consent law covers the State's chemical test after arrest. Refusing has consequences for your license, so this is a decision to understand, not guess at.

    O.C.G.A. § 40-5-67.1
  4. Breath and the Georgia Constitution

    Georgia's Supreme Court has held that the State can't force you to blow into a breath machine, and that a refusal of a breath test can't be used against you at trial.

    Olevik v. State (2017); Elliott v. State (2019)
  5. Your license: 30 days

    After an arrest you have 30 days to ask for a hearing on the administrative license suspension (or choose the ignition-interlock route). Miss it and the choice is made for you.

How a night out turns into a DUI made up, but it happens

Two beers and car keys on a bar
Two beers with dinner.You feel fine.
Police lights in the rear-view mirror at night
11:40 PM, a tail light.A lawful reason to pull you over.
An officer at the driver's window at night
“Had anything to drink?”Every answer is evidence. Step 2.
Paperwork on a passenger seat
Thirty days.To challenge the license suspension. Call early.

What to do right now.

  1. Be polite

    Hands on the wheel, license ready, no speeches.

  2. Don't explain

    “Had anything to drink?” is evidence-gathering. Step 2 applies.

  3. Count to 30

    Mark the arrest date. The 30-day clock started.

  4. Call

    Free 15 minutes. Bring the paperwork you were given.

Other kinds of trouble

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