What Should You Know About Georgia’s DUI Law When You Get Involved in a Car Accident?


Auto accidents can produce serious injuries for all parties involved, and the at-fault driver could face more penalties if they are guilty of a DUI. Drunk drivers cause hundreds of auto accidents throughout the country each year, and they will face charges according to the victim’s recovery. In the state of Georgia, drunk drivers give their consent to testing through implied consent rulings.

What Should You Know About Georgias DUI Law When You Get Involved in a Car Accident

What Is the Legal Limit?

According to Georgia state DUI laws, the legal limit for all parties over the age of 21 is 0.08%. For commercial drivers, the limit is 0.04%, and it is lowered to 0.02% for any drivers who are underage and caught drinking and driving.

When conducting a breathalyzer test, the officers will determine if the driver’s blood alcohol content reading is over this limit and if they are guilty of a DUI. After an auto accident, any parties that are suspected of a DUI will be tested at the scene of the accident, and if they are over the limit, the drivers will be arrested and charged accordingly. Victims who were involved in an accident involving a DUI get started by contacting an attorney about drunk driving accidents and their rights.

What Are The Penalties for DUIs?

For a first conviction, a drunk driver will face a fine of $1,000 and a jail sentence for up to one year. They must spend at least 24 hours in jail as it is the minimum requirement. Some drivers will face a license suspension of one year, but they can get their license reinstated after 120 days if they meet all conditions of their release from jail.

However, if the driver caused injuries in an auto accident while drunk, the severity of the victim’s injuries will apply to their DUI. After causing minor injuries in an accident, the driver could be charged with aggravated DUI which has heftier penalties and could increase their jail sentence.

What Happens If a Drunk Driver Caused An Accident?

A drunk driver will face additional charges for the accident depending on how severe the victim’s injuries are. If the victim sustains serious injuries as a result of the accident caused by the drunk driver, the state is within its rights to charge the driver with attempted vehicular manslaughter. Serious injuries would include the loss of a limb, loss of organ function, or traumatic brain injuries. Disfigurements are also considered serious injures in the state of Georgia.

Does the Auto Insurance Pay for the Accident?

Some auto insurance carriers can refuse to pay any medical costs or auto repair costs if the driver was guilty of a DUI. The terms of their insurance determine if there are clauses that limit coverage when a DUI caused the accident. If the coverage is restricted, the drunk driver must pay these expenses out of pocket, or they could face a lawsuit to collect the balances.

What Happens If the Victim Dies?

If the victim dies as a result of their auto accident injuries, the drunk driver will be charged with either vehicular homicide or involuntary vehicular manslaughter. The state of Georgia has implied consent laws, and if the driver chooses to drive while under the influence, they are making the conscious decision to face the consequences of their actions if convicted.

Auto accidents in Georgia could have multiple outcomes, and drunk drivers who cause these accidents face hefty penalites. The state can charge a drunk driver for additional crimes if they cause injuries or fatalties. By reviewing the laws, victims learn more about their rights.


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