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In Georgia, a DUI (that’s Driving Under the Influence) simply means the driver was too impaired to drive safely. The law says a driver is legally drunk if their blood alcohol level (BAC) is 0.08% or higher.

But then again, even if the BAC is lower than that, the police can still charge someone if they seem less safe to drive on Georgia roads, whether or not they are the only passengers in the car. So, for example, if they’re swerving, reacting slowly, or driving carelessly, that’s enough.

For commercial drivers, the rule is stricter, with the limit at 0.04%. And for anyone under 21, it’s 0.02%, which is basically zero tolerance. The main goal of these strict limits is to reduce the occurrence and potential impact of DUI accidents.

How a DUI Changes Your Claim as a Victim

If you’re the victim, the fact that the driver was drunk actually helps your case. That sounds a little strange, but here’s why:

You see, in Georgia, the law automatically classifies anyone who goes behind the wheel despite being intoxicated in any way as negligent.

And because of this negligence, you could get a ticket to compensation, which is likely to cover your hospital bills, pay you missed from not being able to work, damage to your car or other personal items, and emotional or psychological trauma.

And there’s something called punitive damages. Georgia lets courts punish drunk drivers financially to remind everyone that driving drunk is never okay. And the state doesn’t limit how much can be awarded in these cases.

When Insurance Tries to Back Out

Sometimes, insurance companies act like they’re the victims. They might say the driver’s policy doesn’t cover illegal behavior like drunk driving.

If that happens, don’t panic. Georgia law says every auto policy must offer uninsured or underinsured motorist coverage. That means your own insurance can help pay for medical care or damage if the other driver’s insurance refuses to step up.

It’s not fair, no, but this law exists so you’re not left stranded financially while your case moves forward.

Understanding Georgia’s Fault Rule

Georgia uses what’s called a modified comparative fault rule. Don’t worry, it’s simpler than it sounds.

Basically, you can only get money for your losses if you’re less than 50% responsible for what happened. So if the drunk driver clearly caused the crash, you’re in a strong position. But if both of you had some fault, say you were speeding, but they were drunk, your compensation could be reduced by your percentage of blame.

Still, when a DUI is involved, the scales almost always tilt against the drunk driver. Georgia courts know how dangerous that decision is.

Will the Drunk Driver Lose Their License?

Most likely, yes.

In Georgia, a driver arrested for DUI can lose their license right away. If their BAC is over 0.08% or they refuse a breath or blood test, the suspension can last 12 months.

Some people may qualify for a restricted license, but that usually comes with strict rules. E.g., only being able to drive to work or the doctor. And sometimes they have to install a breath-testing device in their car before it starts.

What to Do to Strengthen Your DUI Claim

If you’ve been hurt in a DUI accident in Georgia, please know you’re not alone.

Start with your health and get medical care, and keep your records safe. Then, when you’re ready, talk to a Georgia personal injury lawyer who understands DUI cases.

A good one won’t just talk about money. They’ll help you understand your rights, take care of the legal mess, and give you some peace while you recover.

Summary

• Georgia calls it DUI if a driver’s BAC is 0.08% or higher, or if they’re unsafe to drive at any level.
• First-time offenders face jail, fines, community service, and license suspension.
• Victims can recover medical, emotional, and financial damages, plus punitive damages.
• Even if insurance denies coverage, uninsured motorist protection can help.
• Georgia’s laws favor victims when drunk driving is involved.