Bottom line
DUI covers driving or being in actual physical control of a moving vehicle while less safe due to alcohol/drugs/toxic vapors/combined substances, or meeting statutory per se alcohol/controlled-substance provisions.
O.C.G.A. section
40-6-391. Driving under the influence of alcohol, drugs, or other intoxicating substances; penalties; publication of notice of conviction for persons convicted for second time; endangering a child.
Current statutory elements
- Driving or actual physical control of a moving vehicle.
- Less-safe impairment by alcohol, drug, toxic vapor, or a combination; or statutory per se alcohol/controlled-substance provision.
- For alcohol per se, 0.08 grams or more within three hours after driving/control from alcohol consumed before driving/control ended.
Officer field notes
- Build the DUI around driving/control plus observed impairment, not just odor or admission.
- Document driving behavior, crash facts, physical manifestations, statements, SFSTs, chemical test requests/results/refusals, and implied-consent steps.
- For drugs/combined substances, document observations and any DRE/medical/toxicology evidence.
Report articulation tips
- Separate “less safe” facts from chemical/per se facts.
- List the timeline: driving/control, stop/contact, observations, SFSTs, arrest decision, implied consent, test/refusal.
- If child endangerment or prior-related issues apply, document passengers/ages and prior-history source separately.
Related offenses / sections
- 40-5-55 implied consent
- 40-5-67.1 administrative license suspension
- 40-6-253 open container
- 40-6-391(l) child endangerment provisions
Statutory text reference
40-6-391. Driving under the influence of alcohol, drugs, or other intoxicating substances; penalties; publication of notice of conviction for persons convicted for second time; endangering a child. A person shall not drive or be in actual physical control of any moving vehicle while: Under the influence of alcohol to the extent that it is less safe for the person to drive; Under the influence of any drug to the extent that it is less safe for the person to drive; Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive; Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive; The person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person’s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood. The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use. Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor, upon a third conviction thereof, be guilty of a high and aggravated misdemeanor, and upon a fourth or subsequent conviction thereof, be guilty of a felony except as otherwise provided in paragraph (4) of this subsection and shall be punished as follows: First c
Source / verification note: Drafted from the Georgia Code public CIC/Lexis-linked source snapshot used for this audit. Verify court-sensitive decisions against the official Georgia Code and agency policy. Last reviewed: 2026-05-22.