It is a crime in Georgia to drive under the influence of drugs, alcohol, or certain inhalants. For a first or second offense, a DUI is a misdemeanor, and the punishment is incarceration in a local correctional facility for up to 12 months and/or a fine of up to $1000. For a third or subsequent offense, a DUI is a high and aggravated misdemeanor. This is punishable by a fine of up to $5,000 and up to 12 months in county jail.

Reckless driving is defined by Georgia law as driving in reckless disregard of property or other people. The Georgia statutes do not specify how fast or what circumstances demonstrate “reckless regard.” This would be up to the discretion of the officer at the time of your arrest or citation and up to the judge at trial. While the subjective standard means you can easily be accused of driving recklessly, that also leaves room to argue in court that the officer was mistaken or slightly overzealous with the charge. If convicted of reckless driving, a misdemeanor, you face a fine of up to $1,000 and jail time of up to one year.

Vehicular homicide is when a person unintentionally causes the death of another while committing a traffic offense. 

• First degree – The punishment for first-degree vehicular homicide is 3-15 years in prison. First-degree vehicular homicide happens when a traffic offense is one of the following:
  • Hit-and-run
  • Driving under the influence
  • Reckless driving
  • Fleeing a police officer

• Second degree – If the unintended death happens during any other traffic offense, the vehicular homicide is second-degree. Second-degree vehicular homicide is a misdemeanor, and the punishment is incarceration in a local correctional facility for up to 12 months and/or a fine of up to $1000.