Georgia Drunk Driving Laws
Under Georgia law, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of:
- 0.08% or higher for drivers over 21 years old
- 0.04% or higher for commercial vehicle drivers
- 0.02% or higher for drivers under 21
Driving under the influence (DUI) in Georgia is a criminal offense with serious penalties including fines, jail time, license suspension, and mandatory alcohol education programs. However, even if the drunk driver is facing criminal charges, you must still pursue a separate civil claim to seek compensation for your injuries and damages.
How Alcohol Impairs Your Driving
Alcohol affects the brain’s ability to function, significantly impairing critical motor skills needed for safe driving. Even a small amount of alcohol can affect:
- Reaction time: Alcohol slows your brain’s processing speed, delaying your response to hazards.
- Judgment: Drunk drivers are more likely to make dangerous decisions, such as speeding or running red lights.
- Coordination and balance: Alcohol weakens muscle coordination, making it harder to steer or control the vehicle.
- Vision: Impaired drivers often experience blurred vision or difficulty focusing.
- Concentration: Alcohol reduces the driver’s ability to focus on multiple tasks simultaneously.
When drivers get behind the wheel intoxicated, they risk causing high-speed collisions, head-on crashes, or pedestrian accidents—often with tragic consequences.
How to Prove Liability Against a Drunk Driver
To succeed in a civil lawsuit, you must prove that the drunk driver was negligent and that their negligence directly caused your injuries. In Georgia, negligence involves showing:
- Duty of care: The driver had a legal obligation to operate their vehicle safely.
- Breach of duty: Driving while intoxicated is a clear breach of that duty.
- Causation: The breach led to the accident and your injuries.
- Damages: You suffered measurable losses such as medical bills, lost wages, pain and suffering, etc.
Our Atlanta drunk driving accident lawyers will gather key evidence such as:
- Police accident reports and DUI arrest records
- BAC test results and field sobriety test footage
- Eyewitness testimony
- Traffic camera or dash cam footage
- Accident reconstruction expert reports
We also pursue punitive damages in DUI accident cases. These are awarded in addition to compensatory damages and are meant to punish the drunk driver and deter future misconduct.
Common Injuries in Drunk Driving Accidents
While any type of car crash can be devastating and cause permanent injuries or death, a drunk driving accident is particularly detrimental to those involved, as drunk drivers are often unable to react quickly enough to swerve or avoid crashing into another vehicle at the last moment.
Drunk driving incidents often cause severe injuries such as:
- Soft tissue damage
- Bone fractures
- Amputation
- Scarring or disfigurement
- Brain injuries
- Burn injuries
- Spinal cord injuries
- Death
Injuries sustained in drunk driving crashes can range from mild to severe, but many can cause significant pain and lifelong complications for victims. In some cases, an individual may be permanently disfigured, paralyzed, or hurt in a way that will limit his or her ability to work.
Georgia Dram Shop & Social Host Liability
In some cases, drunk drivers aren’t the only parties responsible. Georgia law allows injury victims to pursue claims against bars, restaurants, or social hosts that served alcohol to the intoxicated driver under certain conditions.
Under Georgia’s Dram Shop Act, a business may be held liable if:
- They knowingly served alcohol to someone who was visibly intoxicated, and
- They knew that person would be driving shortly thereafter.
Similarly, social hosts (such as someone throwing a party) may be liable if they served alcohol to a minor who then caused a crash.
These laws are complex and often require swift legal action to preserve evidence and prove knowledge or intent. At Van Sant Law, we explore every avenue of liability to ensure you receive the maximum compensation available.
What Compensation Can You Recover?
Victims of drunk driving accidents in Atlanta may be entitled to compensation for:
- Medical expenses: Past and future hospital bills, surgeries, rehabilitation, and medication
- Lost wages: Income lost due to time away from work
- Loss of earning capacity: If your injuries prevent you from returning to your job or career
- Pain and suffering: Physical pain, emotional distress, PTSD, and reduced quality of life
- Property damage: Repair or replacement costs for your vehicle
- Wrongful death damages: If you lost a loved one, you may recover funeral costs, loss of companionship, and more
Van Sant Law fights for full compensation and works with experts to assess the true value of your claim.
If you’ve been injured in a Georgia car accident, you should speak with an experienced car accident attorney as soon as possible. Please contact us online or call our office directly at to schedule your free consultation with an Atlanta DUI injury lawyer.
see how we've made a difference
If you are hesitating to call us for help, take a look at our recent case results.
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$850,000 $850k Settlement for Woman Involved in T-Bone Collision With Resulting Neck Injuries
Settlement for Woman Involved in T-Bone Collision With Resulting Neck Injuries
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$235,000 $235k for Officer Who Was Struck While Directing Traffic
For Officer Who Was Struck While Directing Traffic
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$140,000 $140k for Man Injured When He Was Assaulted by Employee of Large Retail Store
For Man Injured When He Was Assaulted by Employee of Large Retail Store
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$2,300,000 $2.3 Million Leg Injury When Tractor Trailer Crossed Center Line
Leg Injury When Tractor Trailer Crossed Center Line
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$450,000 $450k for a Family Who Suffered Serious Injuries in an Automobile Accident
For a Family Who Suffered Serious Injuries in an Automobile Accident
Why Choose Van Sant Law?
- Experience You Can Trust: We have successfully represented countless victims of drunk driving accidents throughout Georgia.
- Focused Representation: Our firm specializes in personal injury law. We know how to navigate the complexities of DUI-related injury cases.
- Aggressive Advocacy: We’re not afraid to take your case to trial if it means securing justice.
- Client-Centered Approach: We treat clients like family and provide consistent updates and support throughout the legal process.
- No Upfront Fees: We work on a contingency fee basis, meaning you pay nothing unless we win your case.
Contact Van Sant Law, LLC today to get started with our Atlanta drunk driving accident attorneys.
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Proven Record of Results
Van Sant Law has recovered millions in compensation for our clients’ benefit.
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Years of Experience
Van Sant Law is committed to professional and experienced personal injury representation.
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Awards and Accolades
10.0 “Superb” rating on Avvo™, Super Lawyers Rising Stars, National Trial Lawyers Association Top 40 Under 40
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Strategic and Aggressive
Our legal team includes former defense attorneys for large insurers who know how they settle injury claims.
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Personal and Compassionate
Our firm works hard to ensure that your needs are taken care of during your recovery time. We work for you so you can get your life back.
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No Fee Guarantee
Our firm works on a contingency fee basis. Meaning there are no fees or costs unless we recover compensation for you!
FAQ
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I Was in an Accident Involving a Drunk Driver. What Should I Do?
After any type of injury accident, the most important thing to do immediately is contact the police to report the incident. If law enforcement has probable cause to believe that the other driver was drunk or under the influence, the perpetrator can be arrested. Calling 911 to report your accident can also ensure an ambulance is dispatched, so trained medical professionals can assess victims’ injuries and begin providing needed care.
If you’re able to do so without risk of further injury, gathering evidence at the scene of the crime can assist your drunk driving accident lawyer with your case. Taking photos of the vehicles and of your injuries (or the injuries of your passengers, if applicable) documenting the names and contact information for witnesses, recording witness’s statements, and capturing photos or videos of the accident scene itself can be useful in helping you obtain the compensation you are entitled to receive under Georgia law.
You will also need to contact your insurance company to report the accident and arrange to have your vehicle repaired. An experienced personal injury attorney can help you with understanding your legal rights and can handle communications and negotiations with the responsible party’s insurer, removing some of the stress from your shoulders so you can focus on healing from your injuries.
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Is There a Time Limit for Filing a Drunk Driving Accident Claim in Georgia?
Yes. It is completely understandable if contacting an attorney is not the first thing you want to do after receiving medical care for injuries sustained in a drunk driving accident. However, there is a danger that waiting too long to take action could result in your claim being barred by the “rule against perpetuities.” In Georgia, an accident victim or surviving family members generally have two years after the date of the accident in which to file a lawsuit against the responsible drunk driver. In some cases, though, that time frame is extended to allow for criminal prosecution of the driver. In that case, the two-year period starts after the criminal prosecution is over (up to six years after the accident.
While two years sounds like a lot of time, it is important to reach out to a drunk driving accident attorney sooner rather than later. That’s because it is easier to gather and preserve evidence closer to the date of the accident. Your attorney can help you understand the applicable time frames and filing deadlines specific to your potential claim for damages.
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Who Is the Defendant If I File a Claim for Damages After a Drunk Driving Accident?
While the driver who was under the influence of drugs or alcohol at the time of the accident is obviously responsible, there may be other potential defendants against whom you may have a legal claim. In addition to the driver and his or her insurance company, you may also have a claim against a relative residing in the driver’s home. What’s more, you may have a legal claim against the bar, restaurant, other establishment, or individual who served alcohol to the driver, if applicable.
When a drunk driver is uninsured or underinsured, victims should also be able to recover compensation from their own insurance policies. Some victims are also able to obtain monetary compensation from the Georgia Crime Victim Compensation Fund.
Your drunk driving accident attorney will work to understand all relevant facts and circumstances to identify all parties who bear liability and hold them responsible.
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"Van Sant Law took care of everything."
Back in March I was involved in a rear end collision accident. The are very professional and will do whatever it takes to get the best possible offer when it comes with the insurance. 5/5 will recommend to everyone
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I had a head on collusion that left me with a totaled car & very bad injuries. From the first time I spoke to David Van Sant to the end I have been totally satisfied. I worked with Patricia she was very compassionate yet professional she was always ready to answer any concerns that I might have. I am grateful that my daughter found this law firm for me.
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"We were thrilled with the support from Van Sant."
The team really helped us as we navigated the claims process after our oldest child had his car totaled by a drunk driver! They were incredibly professional and helped us through every step of the process! Would absolutely recommend their services! Thank you!
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"Van Sant Law was the right support to call after my car accident with my daughter."They were referred to me by a close friend of mine. Extremely professional, and asked the language I feel comfortable to discuss my case in. Alex Rusanov was my case manager and explained every aspect of my case during the process. I would highly recommend to use this law firm if you were injured in a car accident. Drive safe and stay alert!- Angela
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I used Van Sant Law for my auto accident claim and I'm so glad I did! Parker, my attorney, was especially great. He really eased my pain and got me the best settlement possible. I highly recommend Van Sant Law. They did right by me and I'm very happy with their level of service.
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R. Shannon Carpenter is the guy to call! Because of him I got a far larger compensation than I ever expect and the whole process was stress free for me!
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I was in a car accident with a tractor trailer two years ago and David Van Sant came highly recommended for someone I could talk to about the situation. Best decision I've ever made! He fought for me in ways that was truly amazing. Thank you David, Michael and everyone in the office.
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"Let the Van Sant team handle your case! You're in good hands."
Attorney David M. Van Sant is one of the best injury trial attorneys here in the Atlanta area. They are precise and unique in their approach. When I had my car accident, my whole world was turned upside down, but with Attorney Van Sant and his team of professionals dedication and quality of service, my life is back on track.
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Our firm is dedicated and committed to providing you with the best legal services possible, from your education on the issues to fighting for positive results for your case. Through a free, initial consultation, we will make sure you understand the best way to approach your case, and we’ll review any relevant documents that you provide us with to make sure we have a full, detailed picture of your situation.
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