Last year, drunk driving killed 12,429 people across the country—roughly one person every 42 minutes. In Georgia, 391 people died in 2021 in crashes involving drivers at 0.08% BAC or higher, according to the Georgia Governor’s Office of Highway Safety. That’s about one in five traffic deaths.
If you were hit by a drunk driver in Macon or Middle Georgia, you need to understand your rights. Georgia law lets victims pursue compensation for medical bills, lost wages, and other damages—even when you share some fault for what happened. Insurance companies count on you not knowing this.
This article walks through Georgia’s DUI laws, what you can recover after a crash, and why working with someone who knows the local courts matters.
How Georgia Defines Drunk Driving
Georgia law draws a clear line when alcohol and driving mix. If your blood-alcohol level passes the legal limit—or if an officer sees that you’re simply too impaired to drive safely—it counts as DUI under O.C.G.A. § 40-6-391.
The limits depend on who’s driving:
General drivers (21 and up): 0.08% BAC
Commercial drivers: 0.04% BAC
Drivers under 21: 0.02% BAC (Georgia has zero tolerance for underage drinking and driving)
But here’s something most people don’t realize: you can still get charged with “DUI less safe” even if you blow under the legal limit. If an officer observes slurred speech, failed field sobriety tests, or erratic driving, that’s enough. The law doesn’t require a specific number—it requires proof that alcohol made you unsafe behind the wheel.
What happens if you’re convicted?
First offense: Anywhere from 24 hours to 12 months in jail, a fine between $300 and $1,000, 40 hours of community service, and a 12-month license suspension. After 120 days, eligible drivers who meet Department of Driver Services (DDS) requirements may apply for a limited permit with an ignition interlock device.
Second offense within 10 years: At least 72 hours in jail (up to 12 months), a fine between $600 and $1,000, 240 hours of community service, and an 18-month license suspension. You’ll also need a clinical evaluation and possibly treatment.
Third offense: This becomes a high and aggravated misdemeanor. Courts can order your vehicle forfeited under certain conditions.
Fourth offense: A felony charge with a potential 1 to 5 year prison sentence.
One important thing to understand: criminal charges against the drunk driver run separately from your civil claim. They can face prosecution by the state and a lawsuit from you at the same time.
What You Can Recover After a Drunk Driving Crash
Criminal cases punish the offender. Civil claims compensate the victim.
When a drunk driver causes your injuries, Georgia law allows you to pursue several types of damages:
Medical expenses: Emergency room visits, surgery, hospital stays, physical therapy, prescriptions, medical equipment, and the cost of future treatment if your injuries require ongoing care.
Lost income: The wages you missed while recovering. If your injuries prevent you from doing the same work you did before, you can also recover for reduced earning capacity over your lifetime.
Property damage: The cost to repair or replace your vehicle and any damaged belongings.
Pain and suffering: Compensation for the physical pain and emotional distress your injuries caused.
Loss of enjoyment: When injuries stop you from participating in activities you used to enjoy—sports, hobbies, time with family.
Wrongful death damages: If the drunk driver killed someone you love, you can pursue compensation for funeral costs, lost financial support, and the loss of companionship. These claims generally begin from the date of death.
The full value of your case depends on how serious your injuries are, how long treatment takes, and how well the evidence gets presented. Insurance companies almost always make lowball offers early on, hoping you’ll settle before you understand what you’re actually facing.
You Can Still Recover Even If You Weren’t Perfect
Here’s what catches a lot of people off guard: Georgia law lets you recover compensation even when you share some blame for the accident—as long as you’re less than 50% at fault.
This is called modified comparative negligence, and it’s written into O.C.G.A. § 51-12-33. Your compensation gets reduced by whatever percentage of fault gets assigned to you.
Here’s how it works in practice: Say a drunk driver blows through a red light and hits you. But it turns out you were going a little over the speed limit. A jury might decide you’re 20% at fault and the drunk driver is 80% at fault. If your damages total $100,000, you’d recover $80,000—reduced by your 20% share.
The line that matters is 50%. If you’re 49% at fault, you can still recover 51% of your damages. But if you’re 50% or more at fault, you get nothing.
Insurance companies know this rule inside and out. They’ll look for any way to inflate your percentage of fault so they can pay you less. Common arguments include:
- You were distracted or not paying attention
- You should have seen the drunk driver coming and avoided them
- You weren’t wearing a seatbelt
- You were speeding or broke some other traffic rule
A Macon drunk driving accident attorney can counter these arguments with evidence—police reports showing the drunk driver was clearly impaired, witness statements, BAC test results, accident reconstruction analysis. The goal is proving that the drunk driver’s impairment caused the crash, which limits how much fault they can pin on you.
The Clock Starts Ticking Right Away
Time moves fast after a crash. In Georgia, you generally have two years to bring a personal injury case and four years if you’re only claiming property damage. These are firm deadlines under Georgia law (O.C.G.A. §§ 9-3-33 and 9-3-31). Miss those dates and the door closes, no matter how strong your case might be.
Two years might sound like plenty of time, but it goes faster than you’d think. Building a solid case means finishing your medical treatment so you understand the full extent of your injuries, gathering evidence before it disappears, tracking down witnesses while their memories are still fresh, and consulting experts when needed. Starting early gives your attorney time to build leverage when negotiating with insurance companies.
Other People Who Might Be Liable
Sometimes the drunk driver isn’t the only one who should be held accountable.
Bars and restaurants: Georgia’s dram shop law (O.C.G.A. § 51-1-40) allows you to sue an establishment if they served alcohol to someone who was visibly intoxicated and they knew—or should have known—the person would be driving soon. You need evidence: witness testimony about how drunk the person looked at the bar, receipts showing how much they were served, surveillance footage.
Employers: If the drunk driver was on the job when the crash happened, their employer might share liability.
Vehicle owners: If the drunk driver borrowed someone else’s car, the owner could be liable for what’s called negligent entrustment—basically, letting someone use your vehicle when you knew or should have known they were unfit to drive.
When the drunk driver’s insurance doesn’t cover your full damages, investigating these other potential defendants becomes crucial.
Why Local Knowledge Matters in Macon
Big Atlanta firms handle plenty of cases around the state, but they don’t drive the same roads you do. Attorneys practicing in Bibb County know the intersections where crashes happen most often, the judges who hear these cases, and the pace of our local courts—details that can make a real difference.
They also have working relationships with accident reconstruction professionals, medical specialists, and other experts who testify effectively in Bibb County courts. And they understand how insurance adjusters in Middle Georgia approach claims differently than adjusters working metro Atlanta cases.
These aren’t small advantages. When you’re dealing with serious injuries and mounting bills, working with someone who understands the specific context of your case—not just Georgia law in the abstract—provides both practical benefits and peace of mind.
What to Do After the Crash
At the scene:
Call 911 first. If you smell alcohol on the other driver or notice slurred speech, tell the responding officer right away.
Take photos if you’re physically able—the vehicles, damage, the scene itself, any visible injuries.
Get the other driver’s name, insurance information, and license plate number. Collect contact details from any witnesses.
Don’t apologize or say anything that sounds like you’re admitting fault. Stick to the basic facts.
Avoid giving detailed statements to the at-fault driver’s insurance company before you’ve talked to an attorney.
After you leave:
See a doctor the same day, even if you feel okay. Some injuries don’t show symptoms right away, and medical records created immediately after the crash document your injuries and connect them to the accident.
Follow through on all treatment recommendations. Insurance companies look for gaps in your medical care and use them to argue your injuries weren’t serious.
Keep detailed records: medical bills, prescriptions, wage statements, notes about pain levels and how the injuries affect your daily life.
Don’t sign anything or accept settlement offers without legal advice. Once you sign a release, you give up your right to pursue additional compensation—even if your injuries turn out to be worse than you initially thought.
Common Questions
Can I still recover if I was partly at fault?
Yes, as long as you’re less than 50% responsible under Georgia’s comparative negligence rule (O.C.G.A. § 51-12-33). Your compensation gets reduced by your percentage of fault. Cross the 50% line and you recover nothing.
What if the drunk driver has no insurance?
Check your own policy for uninsured motorist coverage, which can cover damages caused by an uninsured drunk driver, subject to your policy limits and terms. Underinsured motorist coverage applies when their limits aren’t enough. You might also be able to pursue vehicle owners, employers, or bars that served alcohol.
How much time do I have?
Two years for personal injury claims, four years for property damage under Georgia law. These deadlines don’t bend.
Does the driver need to be convicted criminally?
No. Civil cases use a lower standard of proof than criminal cases. You can win your claim even if the driver isn’t criminally convicted, though a conviction provides strong supporting evidence.
Can I sue the bar that served them?
Sometimes. Georgia’s dram shop law (O.C.G.A. § 51-1-40) allows claims when the establishment served someone who was visibly drunk and knew or should have known the person would be driving. You need solid evidence.
What can I recover?
Medical costs (past, present, and future), lost wages, reduced earning capacity, property damage, pain and suffering, loss of enjoyment of life. In fatal cases, wrongful death damages including funeral expenses and loss of companionship.
Talk to Someone Who Knows These Cases
If you were hurt by a drunk driver in Macon, Dublin, or anywhere in Middle Georgia, you can discuss your situation confidentially with Prine Law Group.
Call 478-257-6333 for a free consultation.
We don’t charge a fee unless we obtain a recovery. Past results don’t guarantee future outcomes, and every case is evaluated on its own facts and circumstances. We can explain your options and help you understand what the law allows.
One person’s careless night shouldn’t define the rest of your life. Find out what your rights are under Georgia law.
Legal Disclaimer: This article provides general information about Georgia drunk driving accident law. It is not legal advice, and reading it doesn’t create an attorney-client relationship. Every case is different. For guidance about your specific situation, contact Prine Law Group at 478-257-6333 for a confidential consultation.
Sources and Legal References
This article references current Georgia law and official traffic safety data:
Georgia Statutes:
- O.C.G.A. § 40-6-391 (Driving Under the Influence)
- O.C.G.A. § 40-5-64.1 (Ignition Interlock Device Requirements)
- O.C.G.A. § 51-12-33 (Comparative Negligence)
- O.C.G.A. § 51-1-40 (Dram Shop Liability)
- O.C.G.A. § 9-3-33 (Personal Injury Statute of Limitations)
- O.C.G.A. § 9-3-31 (Property Damage Statute of Limitations)
- O.C.G.A. § 33-7-11 (Uninsured/Underinsured Motorist Coverage)
Official Data Sources:
- National Highway Traffic Safety Administration (NHTSA), “Alcohol-Impaired Driving Traffic Safety Facts” (2023)
- Georgia Governor’s Office of Highway Safety (GOHS), “2021 Risky Driving Georgia Traffic Safety Facts”
- Georgia Department of Driver Services (DDS), DUI Violation Information
Note: Laws and statistics are current as of the publication date. For the most current information about your specific situation, consult with a qualified Georgia attorney.