When convicted for DUI in the state of Georgia, it is up to the prosecution to prove that you (the driver) actually were in violation of state law. There are two ways of doing this; first if the prosecution can prove that you were a less safe driver thanks to your consumption of alcohol. The prosecution does not need the results from a chemical sample to prove that this is the case, and will rely on testamony pertaining to your level of comprehention, if you have symptoms of drunkinness such as slurred speech, the inability to drive properly, disregard for the safety of others etc.

You can also be convicted under Georgia law under "per se" law in which no matter how well you maybe able to hold your alcohol, as long as your blood alcohol level (BAC) exceeds the legal limit of .08 you are in violation of state law.

Unlike other states, a person who is convicted of a DUI offense will carry that offense on their driving record for the rest of their life.

In Georgia, a person can also be charged with a DUI offense if they are driving while impaired by drugs, either prescription or contraband drugs such as marijuana.

Punishments for DUI depend on the amount of prior convictions.

First offense is viewed as a Simple Misdemeanor, resulting in; fine between $300 and $600 plus necessary surcharges, 12 days to 12 months in jail all but one day of which maybe suspended, a minimum of 40 hours of community service, 12 months of probation, risk reduction program attendance (DUI driving school) and a ` one year license revocation.

Second offense results in; fine between $600 and $1000 plus necessary surcharges, 90 days to 12 months in jail all but 72 continuous hours of time maybe suspended, no less than 30 days of community service, minimum 12 months of probation, manditory drug and alcohol assessment program, 3 year license revocation, photo published in newspaper, installation of an ignition interlock device.

For first offenders of DUI, they will lose their license for up to 1 year. For people who commit a second offense, 5 years within the first offense, they will receive a 3-year license revocation. For a third offense within 5 years of previous offenses, a 5 year license revocation is standard.