Georgia DUI Citation Charges Explained: What Each Code Means
The piece of paper the officer hands you after a DUI arrest is a Georgia Uniform Traffic Citation. It looks simple — a few line numbers, OCGA codes, and short charge descriptions — but it sets the entire path of your case. Every charge listed has a separate legal basis, a separate burden of proof, and a separate defense. Understanding what each line actually means is the first step toward dismantling the prosecution's case.
The interactive citation deconstructor below uses charges pulled from real Georgia DUI cases. Tap each charge to see the defense angle Attorney Blevins would use against it. Below the tool, this guide breaks down every section of a typical Georgia DUI citation and the OCGA statutes behind it.
State of Georgia — Uniform Traffic Citation
The charges below are taken directly from a real Georgia DUI citation. Every one of them has a weakness the prosecution hopes you won't find. Tap each charge to reveal the defense strategy an experienced attorney would use to challenge it.
Tap each charge below to uncover what the prosecution doesn't want you to know.
Were the tests administered on a level, well-lit surface? Was a medical pre-screen conducted for injuries, disabilities, or medications? NHTSA requires specific conditions that officers routinely ignore—making the results inadmissible.
We subpoena the machine's maintenance logs and calibration history. The Intoxilyzer 9000 must be calibrated every 90 days—gaps in the record can invalidate the reading entirely. Operator certification, mouth-alcohol contamination, and rising BAC are all viable challenges.
What Is a Georgia Uniform Traffic Citation?
The Georgia Uniform Traffic Citation (UTC) is the standardized form Georgia law enforcement uses to charge a driver with a traffic offense or DUI. Every police department, sheriff's office, and state patrol agency in Georgia uses the same basic form. Each charge gets its own line, with three pieces of information that matter:
- The line number — assigned by the officer as a tracking reference. Not legally significant on its own.
- The OCGA code — the Official Code of Georgia Annotated statute number. This is the legal identifier of the charge. Every defense strategy starts here.
- The plain-text charge description — a short phrase summarizing the alleged violation. Often boilerplate.
In a typical DUI arrest, the citation will include the DUI charge itself plus any related traffic infractions the officer observed. The minimum is usually two or three charges; aggressive officers will sometimes write five or six. Every additional charge is another point of pressure — but also another point of leverage for the defense, because each charge has its own elements and its own potential vulnerabilities.
The Five DUI Charge Categories Under OCGA § 40-6-391
Georgia's main DUI statute, OCGA § 40-6-391, contains five distinct ways a person can be charged with DUI. The citation will reference the specific subsection applicable to your case:
- (a)(1) DUI Less Safe (alcohol) — driving under the influence of alcohol to the extent it is less safe for you to drive. No specific BAC required. Defended primarily by attacking the officer's subjective observations.
- (a)(2) DUI Less Safe (drugs) — same standard, applied to any drug including legal prescriptions. Defended by challenging the officer's drug recognition training or the toxicology results.
- (a)(4) DUI Combined Substances — alcohol plus drugs, where the combination causes impairment.
- (a)(5) DUI Per Se — BAC of 0.08% or higher within three hours of driving. The "the number" charge that most people associate with DUI. See our Georgia BAC limit guide for more detail.
- (a)(6) DUI Drug Per Se — any amount of a controlled substance in the system while driving.
It's standard practice for officers to charge both DUI Per Se and DUI Less Safe simultaneously when a chemical test result is available. The two charges are not mutually exclusive — but the state cannot convict on both for a single incident. The strategic question is which charge the defense can defeat, and what reduction or dismissal the remaining charge allows.
"Failed Field Sobriety Tests" on the Citation
The Standardized Field Sobriety Tests (SFSTs) — Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand — are administered by NHTSA-trained officers and scored based on observable "clues." A citation referencing "failed Field Sobriety Tests" or "exhibited signs of impairment during NHTSA-approved testing" is the prelude to a DUI Less Safe charge.
The defense work here happens in three layers:
- Was the test administered correctly? NHTSA has specific protocols for each test. Body camera footage is compared to the protocol step-by-step. Most administrations miss at least one required element.
- Was the test environment appropriate? Walk-and-Turn and One-Leg Stand both require a level, well-lit, traffic-free surface. Roadside conditions rarely meet this standard.
- Did the officer screen for medical and physical conditions? NHTSA's manual disqualifies subjects who are 65+, more than 50 pounds overweight, or who have back, leg, or inner-ear conditions from the Walk-and-Turn and One-Leg Stand.
For a deeper look at FST defenses, see our field sobriety test defense guide.
"Breathalyzer Result: .08+ BAC" on the Citation
A breath or blood test result above the legal threshold supports a Per Se DUI charge. The result itself isn't on the citation line — it's recorded separately on the DDS-1205 form and in the officer's narrative. The citation just signals that the Per Se charge is being filed.
The defense focus on chemical test charges:
- Calibration records. The Intoxilyzer 9000 must be inspected on a regular cycle. Gaps in the maintenance log can suppress the result.
- The 20-minute observation period. Required before any breath test. Body camera contradictions are common.
- Mouth alcohol contamination. GERD, dental work, mouthwash, or recent drinking can produce falsely elevated readings.
- Operator certification. The officer running the device must have a current GBI certification.
- Rising BAC defense. The relevant BAC is at the time of driving, not the time of the test — which is often an hour or more later.
For a complete technical breakdown of chemical test challenges, see our BAC test errors guide.
NHTSA Protocol Compliance
"Officer observed signs of impairment per NHTSA protocol" is another common citation line. NHTSA — the National Highway Traffic Safety Administration — sets the standards for DUI detection, field sobriety testing, and chemical test administration. Officers receive NHTSA training and are expected to follow NHTSA protocols when investigating a DUI.
The defense angle: NHTSA protocols are highly specific, and officers regularly fail to comply. The protocol checklist in the deconstructor above lists the most commonly missed elements for each of the three SFSTs. Every deviation from the protocol is a potential motion to suppress.
Common Additional Charges on a Georgia DUI Citation
Beyond the DUI itself, officers frequently add traffic infractions to the citation. The most common:
- Failure to Maintain Lane (OCGA § 40-6-48) — alleging the vehicle crossed a lane line or weaved improperly. The most common stop justification in Georgia DUI cases.
- Speeding (OCGA § 40-6-181) — alleging the vehicle exceeded the posted speed limit. Often paired with radar or laser documentation.
- Following Too Closely (OCGA § 40-6-49) — alleging an unsafe distance from the vehicle ahead. Subjective and often defensible.
- Reckless Driving (OCGA § 40-6-390) — sometimes charged as an alternative or backup to DUI. Importantly, this is the most common charge a DUI gets reduced to in plea negotiations.
- Open Container (OCGA § 40-6-253) — alleging visible alcoholic beverages in the passenger compartment.
- Improper Turn / Stop Sign / Red Light — minor traffic infractions used as stop justifications.
Each additional charge is a separate count with separate elements. The defense strategy frequently involves trading one charge for another — for example, accepting a Failure to Maintain Lane payable fine in exchange for a DUI dismissal. These are not decisions to make alone.
How to Read Your Citation: A Quick Field Guide
Pull out your citation and look for these fields:
- Top of the form: agency name (which police department arrested you), officer name and badge number, location of arrest, date and time.
- Driver block: your name, date of birth, driver's license number, address. Confirm everything is correct — typographical errors can sometimes be useful at trial.
- Vehicle block: make, model, year, license plate. Same — confirm accuracy.
- Charge lines: each charge is listed on a separate line with its OCGA code and a short description. Highlight every OCGA code listed.
- Court date: usually at the bottom. This is your arraignment date — typically 4 to 8 weeks after the arrest. Mark it. Missing it triggers a bench warrant.
- Officer signature and stamps: verify the citation is signed and dated by the arresting officer.
If anything is missing, incomplete, or illegible, note it. Procedural defects on the face of the citation are occasionally useful in defense — though more often, the substantive defenses (chemical test, FSTs, stop justification) carry the weight.
Real Case Results
- DUI charge reduction — DUI Per Se reduced to Reckless Driving after the underlying traffic citation justification was undermined.
- DUI charges dismissed in Acworth — NHTSA protocol failures identified, FST evidence excluded.
- DUI charges reduced in Wilkinson County — chemical test calibration challenge resulted in a reduction from high-BAC DUI to standard DUI to plea.
For more outcomes, see our complete case results page.
Frequently Asked Questions
What is a Georgia Uniform Traffic Citation?
The Georgia Uniform Traffic Citation (UTC) is the standardized form Georgia law enforcement uses to charge a driver with a traffic offense or DUI. The citation lists each charge separately with its own line number and OCGA code reference. In a typical DUI arrest, the citation will include the DUI charge itself plus any related traffic violations the officer observed.
What do the numbers and codes on my Georgia DUI citation mean?
Each charge on a Georgia UTC has three identifiers: a line number assigned by the officer, an OCGA statute code (Official Code of Georgia Annotated), and the plain-text charge description. The OCGA code is the most important — it tells your attorney exactly which statute is being charged. The standard DUI code is OCGA § 40-6-391.
What are the most common DUI charges on a Georgia citation?
The most common combinations are: DUI Per Se (OCGA § 40-6-391(a)(5)) for a BAC at or above 0.08, DUI Less Safe (OCGA § 40-6-391(a)(1)) for impairment regardless of BAC, plus one or more underlying traffic violations like Failure to Maintain Lane (OCGA § 40-6-48), Following Too Closely (OCGA § 40-6-49), or Speeding (OCGA § 40-6-181). Officers frequently charge multiple violations on a single citation.
Can I be charged with multiple offenses on one Georgia DUI citation?
Yes. It's standard practice for officers to charge multiple counts on a single citation — typically the DUI itself plus the traffic infraction that justified the stop. A common citation might list DUI Per Se, DUI Less Safe (as an alternative), and Failure to Maintain Lane. Each charge is defended separately and can have a different outcome — for example, a DUI dismissal with the lesser traffic charge surviving as a payable fine.
What does "failed Field Sobriety Tests" mean on my citation?
It means the officer claims you scored above the threshold number of "clues" on one or more of the three Standardized Field Sobriety Tests (HGN, walk-and-turn, one-leg stand). The clue counts are documented in the officer's narrative, not on the face of the citation itself. The citation is the headline; the narrative is where the actual defense work happens.
How does a 0.08+ BAC reading appear on a Georgia DUI citation?
A breath or blood test result of 0.08% or higher (0.02% if under 21, 0.04% if CDL) supports a DUI Per Se charge under OCGA § 40-6-391(a)(5). The BAC number itself usually appears in the officer's narrative or on a separate test result sheet, not on the citation line. The citation tells you that a Per Se DUI is being charged; the underlying test result is what gets scrutinized in defense.
What is "NHTSA protocol" on a Georgia DUI citation?
NHTSA (National Highway Traffic Safety Administration) protocol refers to the standardized procedures officers are trained to follow when administering Field Sobriety Tests. Each test — HGN, walk-and-turn, one-leg stand — has specific administration requirements. If the officer fails to follow protocol, the test result is inadmissible. The citation may reference "NHTSA-approved tests" but the bodycam shows whether they were actually administered correctly.
Should I plead guilty to the lesser charges on my Georgia DUI citation?
No — at least not before consulting an attorney. The lesser charges (failure to maintain lane, speeding, etc.) are often used as bargaining chips. Pleading guilty to a lesser charge while fighting the DUI can give the prosecution evidence and admissions they'll use later. Every charge on the citation should be evaluated as part of an integrated defense strategy, not piecemeal.
Send Me Your Citation
If you have a Georgia DUI citation in hand, send it to my office for a free, confidential review. Within an hour I can tell you what each charge means, what the prosecution will argue, and the most likely defense angles based on the specific OCGA codes listed.
Call (770) 419-1945 for a free consultation — available 24/7 for DUI emergencies. Or use the case evaluation form in the sidebar to send your citation details directly.
