Under 21 DUI in Georgia: Laws and Consequences
Introduction
Drivers who have not reached 21 years of age are considered minors under Georgia law and the consequences for driving under the influence as a minor are very harsh. For adults the Blood Alcohol maximum is .08 but for minors Georgia enforces a zero-tolerance policy meaning any alcohol detected will be classified as a DUI. Technically the blood alcohol level for a minor is .02 but this is only due to breath testing machine equipment tolerances to guard against false positives. It is illegal for those under 21 to consume alcohol in Georgia and this translates to the zero tolerance while driving.
License Suspension and Appeals
DUI arrests in Georgia lead to automatic suspensions of driving privileges but these suspensions can be appealed within a 30-day period from the arrest. Due to the time sensitive and complicated nature of the appeal process an experienced attorney, if notified in time, can help guide you through this process with the best chance of success.
Legal References
O.C.G.A. § 40-5-57.1 outlines the different offenses that suspend the licenses of persons under 21 years of age which includes any violation of Code Section 40-6-391 or Driving Under the Influence (DUI).
Adverse Effects
Adverse effects of being charged with DUI are numerous and can include, but are not limited to:
- DUI arrest appears on your criminal record immediately and will show up on college or job applications which require background checks.
- If convicted of DUI the charge remains on a person’s criminal history forever even though it is technically a misdemeanor, and will not drop off after a certain period of time.
- Suspension of driving privileges can be a major inconvenience and life altering consequence of DUI arrest and conviction.
- Other adverse effects of DUI conviction are jail time, months of Probation, and increased insurance expenses.
Punishment for First-Time DUI Offenders Under 21
The punishment for first-time DUI conviction for those under 21 years of age includes:
1. 24 hours in jail
2. Minimum of 12 months on probation subjected to random, zero tolerance, screening throughout.
3. Monetary fines of no less than $300 plus costs and surcharges.
4. 40 hours of community service.
5. Costly Court mandated substance abuse, risk reduction programs and driving safety courses required known as DUI School.
6. A license suspension.
Zero-Tolerance and License Suspensions
Zero-tolerance for under 21 drivers means harsher suspensions. For minor drivers with a blood alcohol concentration of 0.08 or less, there is a hard six-month suspension with no chance for a limited driving permit. For minor drivers that have had a prior license suspension or for those with a blood alcohol concentration of 0.08 or more, there is a hard 12-month license suspension with no chance for a limited driving permit.
Conclusion
Attorney Rahmeen Farhoudi has extensive experience in both prosecuting and defending DUIs and under 21 DUIs in Georgia. When facing a DUI charge, particularly an under 21 DUI charge, it is important to hire an experienced DUI attorney, not just any criminal defense attorney.