Driving under the influence (DUI) is one of the most serious offenses on Georgia’s roads, especially when it results in a car accident. DUI accidents have devastating legal, financial, and personal consequences for all parties involved, and Georgia law takes a tough stance on them. Here’s a look at how DUI impacts automobile accident cases in the state.

1. Criminal Liability

In Georgia, a DUI conviction carries severe criminal penalties, which escalate significantly if an accident occurs, especially if there are injuries or fatalities. A person charged with DUI after causing an accident can face:

• Felony DUI charges if the accident results in serious injuries or death. Georgia law under O.C.G.A. § 40-6-391 prohibits driving under the influence, and the penalties increase substantially if bodily harm or death occurs. A first offense DUI causing serious injury can lead to a felony conviction and penalties such as prison sentences and heavy fines.
• Vehicular homicide charges if someone is killed in the crash. Under O.C.G.A. § 40-6-393, vehicular homicide in the first degree is a felony punishable by up to 15 years in prison for a first offense.
• Serious injury by vehicle charges, under O.C.G.A. § 40-6-394, apply when a DUI causes permanent disfigurement or disabling injuries, also classified as a felony.

2. Civil Liability and Damages

Beyond criminal penalties, DUI accidents also open the driver up to civil liability. The intoxicated driver is often considered negligent per se under Georgia law, meaning that they are automatically presumed negligent if they are found to have been driving under the influence when the accident occurred (see O.C.G.A. § 51-1-6). This can make it easier for victims to recover damages in civil lawsuits, including:

• Compensatory damages, such as medical expenses, lost wages, and property damage, are recoverable under O.C.G.A. § 51-12-2.
• Non-economic damages, like pain and suffering, or loss of enjoyment of life, are also allowed under Georgia law, particularly under O.C.G.A. § 51-12-4.
• Punitive damages, which are additional penalties designed to punish especially reckless behavior. Under O.C.G.A. § 51-12-5.1(f), punitive damages are not capped in cases involving DUI, allowing for unlimited damages to be awarded as punishment.

3. Insurance Implications

For the DUI driver, insurance companies will almost certainly deny coverage if it’s proven that the driver was under the influence. O.C.G.A. § 33-7-11 outlines Georgia’s requirements for uninsured/underinsured motorist coverage, which can come into play when the at-fault driver’s insurance denies a claim. A DUI conviction will likely result in significant premium increases or policy cancellation, leaving the driver personally responsible for settlements or judgments.

For the victims, if the at-fault driver’s insurance denies coverage, they may need to rely on their own uninsured/underinsured motorist coverage to cover their losses.

4. Impact on Driver’s License

A DUI conviction in Georgia results in the automatic suspension of the driver’s license. Under O.C.G.A. § 40-5-67.1, an administrative suspension begins immediately after a DUI arrest if the driver refuses a breathalyzer or if their blood alcohol content exceeds 0.08%. In cases involving accidents with serious injuries or fatalities, the suspension period may be extended or the license may be permanently revoked.

5. Long-Term Consequences

A DUI accident in Georgia has long-term consequences. Beyond criminal charges, civil judgments, and loss of driving privileges, a DUI conviction can:

• Damage professional opportunities due to a criminal record.
• Lead to social stigma and loss of reputation.
• Result in significant emotional distress and financial burden for both the driver and the victims.

In Georgia, DUI accidents are taken extremely seriously by both the courts and the public. Drivers who choose to get behind the wheel under the influence not only risk criminal charges but also extensive civil liability. For victims of DUI accidents, understanding your legal rights is critical to ensuring you receive fair compensation for the harm caused. It’s advisable to seek the help of experienced legal professionals to navigate the complexities of DUI cases.

Driving safely and responsibly is essential to protecting lives and avoiding the severe consequences that come with DUI accidents in Georgia.