O.C.G.A. § 40-6-391 – DUI Laws for Georgia Drivers

Driving under the influence is probably the most dangerous thing someone else can do. And there’s no shortage of resources available to drivers that show this danger–and even allow them to avoid it altogether. Even with a specific law in place (O.C.G.A. § 40-6-391) that makes this illegal, DUI-related accidents continue to seriously injure Georgia drivers every year. If you or someone you care about was hurt because another driver chose to get behind the wheel impaired, you have every right to hold them responsible and our team at Weaver Law Firm can help you.

Who All is Responsible For a DUI Accident in Georgia?

Under O.C.G.A. § 40-6-391, it’s illegal for any driver in Georgia to drive a vehicle while:

• Under the influence of alcohol or drugs to the extent that it makes them less safe to drive.

This includes:

• Driving with a blood alcohol content (BAC) of 0.08% or higher, or;
• While impaired by drugs–even prescription medications.

When a driver violates this law and causes an accident, liability often seems straightforward—but there are situations where it gets more complex. Depending on the circumstances, others may also share legal responsibility, such as:

• Other drivers who were careless or broke traffic laws
• Businesses that overserved alcohol, like bars or restaurants (under Georgia’s Dram Shop Law)
• Hosts of private events who knowingly let a visibly intoxicated guest drive
• Car or part manufacturers if a mechanical issue made the crash worse
• Government agencies if road hazards or faulty signals contributed

Figuring out liability is one of the most critical parts of your injury case. It sets the stage for who’s legally responsible–and who has to pay for your damages.

What’s the Claims Process After a DUI Accident?

When you’re hurt in a car accident that resulted from someone being under the influence, it gives you the option of filing an injury claim and recovering damages. Here’s what that typically looks like:

• Insurance claim – You can file a claim through the impaired driver’s auto insurance. This process happens outside of court and may resolve faster, but it’s still handled by the insurance company–not necessarily in your best interest. That’s why having legal help to deal with adjusters is often a smart move.
• Lawsuit – If the insurance company won’t offer a fair amount—or if your injuries are severe—a lawsuit may be your next step. This brings your claim into civil court, where a judge (and potentially a jury) looks at the evidence and decides what you’re owed.

No matter which route you take, your claim can seek damages such as:

• Medical bills and long-term care
• Lost wages and diminished earning capacity
• Vehicle repair or replacement
• Pain and suffering
• Emotional distress and trauma
• Loss of quality of life
• Wrongful death expenses (if the accident was fatal)
• Punitive damages, which are sometimes awarded to punish the DUI driver’s reckless behavior

In Georgia, you generally have two years from the date of the accident to file your injury claim. But don’t wait. The sooner evidence is gathered and liability is documented, the stronger your case becomes. Get started today by setting up a free consultation with our team.