DUI vs DWI: What Is the Difference in Georgia?

Driving while intoxicated (DWI), driving under the influence (DUI), operating a vehicle under the influence (OUI), and operating while intoxicated (OWI) are four acronyms used for essentially the same criminal driving offense in the U.S.

In many cases, these acronyms can be used interchangeably but the state laws define the legal terms used. DUI is the most commonly used (in over 30 states) while DWI is used in around 10 states.

In Georgia, both DUI and DWI are used widely when discussing impaired driving charges but what are the differences between them? Let us find out…

DUI is the legal term employed by the state in its criminal statutes. DUI means driving under the influence of alcohol or drugs.

It is a criminal offense in Georgia to drive with a blood alcohol concentration (BAC) exceeding the legal limit of 0.08%, incurring severe penalties.

In Georgia, DWI stands for driving while intoxicated and you may hear it used even though there is no separate statute addressing it.

This term is often used interchangeably with DUI but is generally a more wide-reaching term that includes driving while impaired by any substance—controlled substances, prescription drugs, alcohol or a combination of these substances.

Ultimately, it is a criminal offense to drive while impaired by any substance that impedes the ability to safely operate a vehicle.

If a driver is impaired by any amount of alcohol or a controlled substance, he/she can be charged with DUI in Morgan County.

Even a first-time DUI conviction carries severe penalties in Georgia. A first-time DUI is a misdemeanor offense that leads to a criminal record that can affect employment, housing, education, insurance, travel, immigration status, and more. A conviction can also lead to the following penalties (though judges may waive some penalties for a first offense):

• A fine of between $300 and $1,000 plus court costs and surcharges
• Imprisonment of 10 days to one year
• 20–40 hours of community service (depending on the offender’s blood-alcohol concentration)
• Completion of a Drug Use Risk Reduction Program or DUI alcohol program
• A court-ordered clinical evaluation
• 12 months of probation, excluding any imprisonment time

A driver’s license suspension by the Department of Driver Services (DDS) is also likely, though this may be appealed at an Administrative License Hearing, which your DUI lawyer may attend.

The minimum jail term of 10 days may be waived by judges for first-time offenders but a minimum of 24 hours behind bars is usually required—and offenders must still serve an alternative sentence if applicable.

For repeat DUI offenders (those with a subsequent conviction within 10 years), the mandatory minimum jail time increases, fines increase, and lengthy driver’s license suspensions result (up to five years).

If bodily harm or injury to another party resulted or minors were endangered during the commission of the DUI, longer prison terms and other severe consequences may also result.

An arrest, charge, and conviction for DUI stays on the offender’s record for ten years in Georgia. After this “look-back” period has expired, the offender may petition the court to expunge the record.

Georgia’s implied consent law means that every vehicle driver in the state of Georgia has already provided consent to chemical testing (a breath, blood or urine test) to determine the presence of alcohol or drugs if lawfully arrested for DUI or DWI.

Refusal to submit to a chemical test can result in an automatic license suspension. Typically, at the roadside, the officer who has made the stop and suspects that a driver may have been drinking will request a breath test.

Refusal to take the breath test can lead to a one-year license suspension for a first offense and longer suspensions for subsequent offenses. You may also still be charged with a criminal offense and the refusal can be used as evidence against a driver at trial in Georgia.

Note that field sobriety tests are not covered under the state’s implied consent laws and so drivers can refuse to take such tests without any direct legal consequences.

Blood or urine tests may be requested after a suspect is arrested for DUI and accused of impairment by alcohol or drugs.

Such tests must be administered by the appropriate authorities at a police station or other location. If conducted properly, these tests are generally considered more accurate than breathalyzer tests.

To increase the chances of escaping the worst consequences of a DUI charge in Georgia, follow a few basic guidelines if you are arrested and charged in Morgan County:

• Say as little as possible to the arresting police officers—identify yourself and remain courteous and calm but do not try to defend yourself or your actions.
• Speak to an experienced Morgan County DUI lawyer as soon as possible after your arrest so that your legal rights are protected and you are clear on the legal options available.
• Understand the charges against you—your lawyer can explain the alleged DUI, the evidence against you, and whether any aggravating circumstances apply.
• Help your lawyer investigate the case, gather evidence, and prepare your defense wherever possible—witnesses, surveillance footage, etc. can be invaluable when challenging the prosecution’s version of events.
• Attend all court proceedings as required—your lawyer will instruct you whether you need to appear and how to follow the related legal procedures and processes.

If the case against you proceeds and is not dismissed, your DUI lawyer can discuss whether plea options may be viable. Plea bargaining can often result in reduced charges or penalties in exchange for a guilty plea—but the pros and cons of any plea offers must be considered first.

You can also discuss with your attorney any available strategies to avoid a total driving ban. Your license may be suspended but it may be possible to continue driving for work, for example, on a limited driving permit.

If you are convicted of DUI, you should agree to attend and complete any alcohol or drug education programs requested of you. This will demonstrate your commitment to addressing the underlying issues and the judge may be more inclined to impose a more lenient sentence—especially if you are a first offender.

If you are facing DUI charges in Morgan County, Georgia, speak to a defense lawyer from Michael Fulcher Law, LLC. We will outline your legal options, help you navigate the judicial system, and reduce the impact on your future. Contact us for a free consultation or call us at (706) 438-1555.