September 17, 2025 | Car Accidents in Atlanta
Hurt in a DUI car accident in Atlanta? Contact Goldstein Hayes & Lina, LLC for a FREE CONSULTATION and let us help you pursue maximum compensation!
Getting behind the wheel after drinking can have some serious legal consequences. Similarly, driving while under the influence of drugs or other substances can also lead to an arrest and serious penalties.
Many states have separate laws that apply depending on whether the driver is under the influence of alcohol or some other substance. However, Georgia’s DUI laws apply to all situations of impaired driving.
Keep reading below to learn more about the differences between a DUI, DWI, and DWAI.
What Is a DUI?
A DUI stands for “Driving Under the Influence.” In Georgia, this could mean that the driver is under the influence of alcohol, drugs, medications, or other substances.
According to Georgia law, it is illegal for a driver to operate or control a vehicle while:
- Having a blood alcohol concentration (BAC) of 0.08 or more
- Under the influence of any drug that makes it unsafe for the person to drive
- Under the intentional influence of glue, aerosol, or other vapor that makes it unsafe to drive
As you can see, the DUI law in Georgia is fairly wide and encompasses a number of different impaired driving situations. You should also keep in mind that the legal limits for minors and those with a commercial driver’s license (CDL) are lower than these general rules.
What Is a DWI?
There is no distinct charge for a DWI in Georgia. However, some states have separate DWI laws that apply. In those states, DWI typically stands for “Driving While Intoxicated.” These charges usually apply to alcohol-related impaired driving charges.
Some of the states that have specific DWI charges include:
- Alaska
- Arkansas
- Louisiana
- Minnesota
- Missouri
- New Jersey
- New Mexico
- New York
- North Carolina
- Texas
In most states, a BAC of 0.08 or higher will lead to DWI charges. Additionally, having a lower BAC could still lead to DWI charges if your ability to drive a vehicle is impaired. Lower BAC levels also apply to minors and those with a CDL.
What Is a DWAI?
A handful of states have DWAI charges. These charges are known as “Driving While Ability Impaired.” These charges may apply to situations involving either drugs or alcohol. Generally, these charges are less serious than a DUI or DWI.
For instance, someone with a BAC of 0.05 could receive a DWAI charge in some states. Keep in mind that Georgia does not have a specific charge for DWAI. All impaired driving charges are lumped under the state’s DUI laws.
DUI Penalties in Georgia
Although Georgia combines all their impaired driving charges into their DUI law, the penalties for violating this law are quite serious. These penalties are intended to deter impaired driving, and you should keep in mind that you can still be arrested for a DUI even if your BAC is less than 0.08.
The penalties for a DUI in Georgia are:
- First offense: Fines up to $1,000, up to 12 months in jail, 12-month license suspension, probation, substance abuse course, and mandatory community service
- Repeat offenses within a 10-year period: Higher fines, longer license suspension, and more jail time, along with probation, a DUI course, and mandatory community service
These penalties can increase significantly if you cause a car accident that results in injuries or death. In that case, you could be facing serious felony charges that may result in years or even a lifetime in prison.
Collateral Consequences
A DUI conviction in Pennsylvania doesn’t just come with criminal penalties. It can also lead to serious collateral consequences that affect many areas of your life, including:
- Higher insurance premiums: Insurers often classify drivers with a DUI as high-risk, leading to significantly higher rates.
- Employment challenges: A DUI record may limit job opportunities and could result in suspension of certain professional licenses.
- Transportation difficulties: Losing your driver’s license can make it harder to commute to work or meet daily responsibilities.
- Civil liability: If you caused an accident while impaired, you may be sued for damages in civil court.
These consequences underscore the long-lasting impact of a DUI conviction and why it is critical to avoid driving under the influence of drugs or alcohol.
What To Do if You Are Injured in a DUI Accident
If you are hurt in an accident by an impaired driver, try to remain calm and follow the steps below:
- Seek immediate medical treatment for any injuries. Failure to seek treatment could prevent you from recovering compensation for your injuries.
- Notify the police so that they can respond to the scene. An arrest may be required after their assessment of the other driver.
- If you can, get pictures of all the vehicles and the crash scene.
- Obtain the names and contact information of any witnesses who saw the accident.
- Notify your insurance company in case you have to file a claim with your uninsured or underinsured motorist coverage.
- Talk to an experienced personal injury lawyer who can help you get compensation for all your damages.
Never give a statement to the insurance company without first talking to a lawyer. They will attempt to use your words against you and try everything they can to avoid paying your claim.
Get Help From an Atlanta DUI Accident Lawyer Today
If you have been injured in a DUI accident in Atlanta, GA, you may have the right to pursue compensation for medical expenses, lost income, pain and suffering, and in some cases, punitive damages.
An experienced DUI accident lawyer can investigate your case, identify liable parties, and guide you through the legal process. Call Goldstein Hayes & Lina, LLC for a free consultation today to learn more about your options.
Goldstein Hayes & Lina Accident Lawyers
3060 Peachtree Rd NW UNIT 1000,
Atlanta, GA 30305
(404) 869-8600
