Under Georgia law, a driver under 21 who is found driving with a blood alcohol level of .02 or more can be charged with a DUI per se. The charges can be brought against an underage driver even if he/she is not impaired by the use of alcohol.
DUI CHARGES UNDER 21: DUI LESS SAFE AND PER SE OFFENSES
- A charge of "DUI less safe" can also be brought against an underage driver. This charge means the driver was controlling a vehicle while he/she was drinking and not a safe driver.
- A more serious charge---adult per se DUI---can be brought against anyone under 21 driving with an alcohol level of .08 or more.
- A driver under 21 with a BAC of .08 or more is liable to be charged with three offenses. These offenses are driving with a BAC.02 or higher (per se offense), DUI less safe, and an adult per se with BAC of .08 or greater.
UNDER 21 DUI SENTENCING
Conviction of an underage DUI with a less than .08 BAC, results in a minimum sentence of community service of 20-40 hours. The person's driver license will be suspended for 6 months if his/her BAC is less than .08. A fine of several hundred dollars will also be imposed.
With a BAC of .08 or more, an underage driver will receive nearly the same penalties as an over-21 driver. If found guilty of the DUI charges, there will be a suspension of the person's driver's license for 12 months without any limited driving privileges for work etc.
DUI JUST BEFORE 21ST BIRTHDAY
When a person is arrested for an under 21 DUI before his/her 21st birthday, and the conviction is after his/her birthday, the driver's license can be reinstated after 120 days. The special circumstance of the birthday reduces the suspension to 4 months from 6 months..
For more information or to make an appointment, call our office at (770) 952-7000 if you have been arrested for an under 21 DUI in Marietta Georgia. DUI Attorneys Webb & D'Orazio can help.