A person who commits a DUI while transporting a child under 14 is guilty of the separate offense of endangering a child by driving under the influence. First and second-time violators of this law are subject to up to 12 months in prison, payment of a fine of up to $1,000, or both. Those who commit a third or subsequent offense are subject to one to three years in prison, payment of a fine of $1,000 to $5,000, or both.
A person who is convicted of a second or subsequent DUI within a five-year period is required to use an ignition interlock device as a condition of probation for one year. This one year period begins after expiration of the driver’s license revocation period. At the end of one year, the offender may apply for full reinstatement of driving privileges.
In addition to other penalties that may apply under Georgia’s DUI laws, a person who holds a commercial driver’s license and is convicted of DUI for the first time will be disqualified from driving a commercial vehicle for at least one year. If, however, the driver was transporting hazardous materials at the time, the disqualification period is at least three years. A commercial driver who commits a second DUI while driving any vehicle will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to a period of not less than 10 years.
In addition to other penalties that may apply, a school bus driver who is convicted of DUI while driving a school bus is subject to a term of imprisonment of between ten days and 12 months, probation for the remainder of the 12 months, if imprisonment is less than the maximum; a fine between $300 and $1,000; 40 hours of community service; completion of a required DUI program; and a clinical consultation. Penalties increase for second, third, and fourth violations within a ten-year period.
Underage drivers with BAC of .02 or higher, on first or second conviction, commit misdemeanors, punishable by up to $1,000 and not more than 12 months confinement in a state probation detention center or diversion center. Third and subsequent violations are punishable with the same penalties adults are subject to. Underage offenders may, however, be permitted to serve any prison term imposed on weekends in a county jail. Additionally, any period of community service work imposed must be completed within 60 day of sentencing.
Under Georgia’s Dram Shop Act, a licensed drinking establishment may be liable for injuries caused by an intoxicated person in two circumstances. The first is where the drinking establishment served alcohol to an underage person with knowledge that the person was underage and with knowledge that the person would soon be driving. The second circumstance is where the drinking establishment served alcohol to a noticeably intoxicated person with knowledge that that person would soon be driving. Under Georgia law, those who buy and drink alcohol are not permitted to recover damages from a drinking establishment if they injure themselves as a result of their own intoxication.
Under this statute, parents have a right of action against any person who sells or gives their child alcohol without the parents’ permission. Georgia’s Dram Shop Act does not preclude this cause of action, so long as the damages sought are for injury to peace, happiness, or feelings.
Under Georgia law, any person who furnishes alcohol to a minor is subject, upon first conviction, to a term of imprisonment of up to six months, payment of a fine of up to $300, or both.
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Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.