What is a DUI (Driving Under the Influence)?

What is a DUI? The acronym stands for Driving Under the Influence, and it covers driving while impaired by alcohol, drugs, or other substances. In most states, DUI is considered a criminal offense. Georgia is no exception. For someone hurt by an impaired driver, though, the meaning of DUI goes beyond criminal law. It's also the basis for a civil injury claim, and those cases tend to bring in much larger recoveries than a standard accident.

Legal Definition of a DUI

Georgia's DUI statute, O.C.G.A. § 40-6-391, covers two situations. A blood alcohol concentration (BAC) of 0.08 g/dL triggers an automatic DUI. But you can also be charged at any BAC if alcohol or drugs made your driving unsafe.

The “less safe” standard is why a BAC below 0.08 doesn't necessarily keep you clear. If field sobriety tests show impaired coordination, that's enough for charges. Officers use three standardized tests: horizontal gaze nystagmus (HGN), walk-and-turn, and a one-leg stand that lasts 30 seconds. A breathalyzer test or blood draw typically follows.

Georgia is an implied consent state. The moment you started driving on Georgia roads, you agreed to chemical testing. Turn down the test and you're facing an automatic license suspension for at least a year (O.C.G.A. § 40-5-67.1). Repeat offenses can mean a mandatory ignition interlock device on your vehicle.

The BAC threshold isn't the same for every driver:

• 0.08 for drivers 21 and older
• 0.04 for commercial vehicle operators
• 0.02 for anyone under 21 (zero-tolerance policy)

Prescription medications count. If something your doctor prescribed made driving unsafe, the prescription itself won't help you in court.

The Difference Between DUI, DWI, and OWI

What is a DUI classified as compared to a DWI or OWI? Same offense, different abbreviations depending on the state. Georgia and most others say DUI (Driving Under the Influence). Over in Texas and New York, the same charge goes by DWI (Driving While Intoxicated). Indiana, Iowa, and Wisconsin call it OWI (Operating While Impaired).

A few states separate these labels by severity. Texas reserves DUI for underage drivers caught with any alcohol in their system; DWI covers adults at 0.08 and above. Georgia doesn't bother with that split. DUI is the only charge on the books here.

How a DUI Impacts a Car Accident Claim

A drunk driver hitting you changes the whole case. BAC at 0.08 or above is negligence per se in Georgia. The law violation is the proof of fault. You don't have to show the driver was being unreasonable.

The money shifts too. Most tort cases in Georgia cap punitive damages at $250,000 (O.C.G.A. § 51-12-5.1(g)). DUI is the exception. If the driver's judgment was substantially impaired, there's no cap at all (O.C.G.A. § 51-12-5.1(f)). DUI claims regularly bring in several times what a standard accident case would.

You've got two years from the crash to file in Georgia (O.C.G.A. § 9-3-33). If a government vehicle or MARTA was involved, the notice window is just six months.