Key Takeaways
- In Georgia, DUI means driving with a blood alcohol content (BAC) of 0.08% or higher, while “Less Safe” DUI allows for arrest even if BAC is under the legal limit—based on observed impairment.
- BUI (Boating Under the Influence) applies similar impairment laws to watercraft, with a lower BAC threshold for those under 21.
Each charge carries serious penalties, including jail time, license suspension, and criminal records—but the evidence and defenses differ in key ways.
What does DUI mean under Georgia law?
A DUI (Driving Under the Influence) in Georgia typically means operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. This is the “per se” limit—meaning you can be charged based solely on your BAC, regardless of whether your driving appeared impaired.
For commercial drivers, the limit is 0.04%, and for drivers under 21, it’s 0.02%.
How is a “Less Safe” DUI different?
Georgia also enforces “DUI Less Safe” laws under O.C.G.A. § 40-6-391(a)(1). This allows police to charge a driver even if their BAC is below 0.08% or if they refuse a chemical test—based on observations such as:
- Slurred speech or bloodshot eyes
- Poor performance on field sobriety tests
- Erratic or dangerous driving behavior
The term “less safe” means that, in the officer’s opinion, you were less safe to drive due to alcohol or drug consumption—even if no breathalyzer data exists.
What is BUI (Boating Under the Influence)?
BUI stands for Boating Under the Influence and applies to anyone operating a watercraft (motorboat, jet ski, sailboat, etc.) while impaired. Georgia law under O.C.G.A. § 52-7-12 mirrors DUI statutes but adds context for boating:
- The legal BAC for BUI is also 0.08%
- For individuals under 21, the limit is 0.02%
- Officers may board your vessel without probable cause if you’re on public waters
Common enforcement locations include Lake Lanier, Lake Allatoona, and the Chattahoochee River, where local and state patrols regularly check for impaired boating.
What are the penalties for DUI, Less Safe DUI, and BUI in Georgia?
All three offenses are misdemeanors for a first offense but carry steep penalties:
| Offense | First-Time Penalties |
| DUI | Up to 12 months in jail, fines of $300–$1,000, license suspension, DUI School, community service |
| Less Safe DUI | Same as DUI—even without BAC evidence |
| BUI | Up to 12 months in jail, $300+ fines, boating privileges suspension, mandatory alcohol education |
Subsequent offenses increase jail time, fines, and license/boating suspensions. A third DUI or BUI within 10 years can lead to being declared a habitual violator, which carries felony-level consequences.
Can I be charged even if I “felt fine”?
Yes. Georgia law doesn’t require that you felt impaired—it requires only that your ability to drive or operate a vessel was compromised.
If an officer determines you’re “less safe” due to alcohol, drugs (including prescription medications), or a combination of substances, you can be arrested—even if you passed a breath test or declined it entirely.
FAQ: Georgia DUI and BUI Charges
What if I refused a breathalyzer?
You can still be charged with DUI Less Safe, and your license may be suspended for refusal under Georgia’s implied consent law.
Can DUI charges be reduced or dismissed?
Yes. With legal help, charges may be reduced to reckless driving or dismissed for lack of evidence, especially in “less safe” cases.
Are DUI and BUI handled in the same court?
Not always. DUI is handled in state or municipal court, while BUI often goes through probate court or state court, depending on jurisdiction.
Does Georgia allow expungement of DUI?
Generally no. Georgia does not allow expungement of DUI convictions, though some limited record restriction options may apply in other cases.
Can I get a limited permit after a DUI?
Yes, but only for certain DUI convictions. You must complete DUI School and install an ignition interlock device in many cases.
Call for a confidential case review
Charged with DUI, Less Safe DUI, or BUI in Georgia? Don’t face it alone. The consequences can be life-changing—but an experienced criminal defense attorney can help you fight back.
Hines Law represents clients across Cobb County, Fulton County, Dekalb County, Clayton County, Gwinnett County, and Hall County—with culturally competent, bilingual defense for Georgia’s diverse communities.
Request your free consultation today: Call 404-226-4236 or start a live chat at hineslaw.org.