Underage DUI Charges and Penalties in Georgia

Underage DUI Charges and Penalties in Georgia

Being charged with a DUI as a minor in Georgia can really mess up your life. The laws here are super strict when it comes to underage drinking and driving. Even if you just had a couple beers or weren’t really impaired, you can still get slapped with a DUI if you’re under 21. Not cool.

Let’s break down what happens if you get busted for underage DUI in the Peach State:

The Legal Limit for Under 21 Drivers

• The legal BAC limit for under 21 drivers in GA is 0.02% – basically nothing. For drivers 21 and over, it’s 0.08%.
• So if you’re 20 and blow a 0.03% at a traffic stop, you’re looking at a DUI charge even though you’re barely buzzed.
• It’s called a “per se” DUI, meaning the cops don’t have to prove you were actually impaired. The BAC reading alone is enough to charge you.
• You can also get charged with a “less safe DUI” if the cops think you’re impaired even if you’re under 0.02%.
• Bottom line – don’t drive after drinking anything if you’re under 21 in GA. You’re risking a DUI either way.

Penalties for Underage DUI

Here’s what you’ll be facing if convicted of underage DUI in Georgia:

• First Offense: Misdemeanor, $300-$1000 fine, 24 hours-12 months jail time (yeah, up to a year!), mandatory 20 hours community service, 12 months probation.
• Second Offense: Misdemeanor, $600-$1000 fine, 72 hours-12 months jail time, mandatory 30 days community service, 12 months probation.
• Third Offense: “High and aggravated” misdemeanor, $1000-$5000 fine, 15 days-12 months jail time, mandatory 30 days community service, 12 months probation.
• Fourth Offense: Felony, 1-5 years prison time, $1000-$5000 fine, at least 5 years probation.

In addition to the above, you’ll lose your license for anywhere from 6 months to 5 years depending on the offense. And your insurance rates will skyrocket for years.

As you can see, the penalties add up fast. A single underage DUI can derail your life if you’re not careful.

Avoiding an Underage DUI Charge

Okay, we all make mistakes, especially when we’re young. Here are some tips to avoid underage DUI charges in the first place:

• If you’re going to drink underage, do it responsibly in a safe environment. Don’t drive afterwards.
• Have a designated driver who stays 100% sober. Offer to pay for their gas or give them some cash.
• Use rideshares! Uber and Lyft don’t care how old you are.
• Stay the night or crash on a friend’s couch if you’re partying. Don’t risk it.
• If you get pulled over after drinking, be polite and don’t admit to anything. But taking a breathalyzer is better than refusing it.

What to Do If You’re Charged

Despite your best efforts, you might find yourself busted for underage DUI. Here’s what to do:

• Remain polite and cooperative with the officer, but don’t answer questions or admit guilt!
• Call your parents/guardians if possible. You’ll need their help.
• Hire an experienced DUI defense attorney ASAP. A good lawyer can get the charges reduced or dismissed.
• Listen to your attorney’s advice about next steps. Follow their lead.
• Consider entering a pre-trial diversion program if offered. It’s a second chance.
• In court, dress nice, be respectful, and let your lawyer do the talking!

Bottom Line

Getting an underage DUI in Georgia is bad news. The best policy is not to drive if you’ve been drinking at all until you turn 21. But if you do get charged, stay calm and get a good attorney on your side. Your future is still bright if you learn from this mistake. We all screw up sometimes, especially as teenagers. Just don’t repeat the same mistake twice!