Drunk driving: licence suspension and refusing a breath test: what to do under Georgian law

What to do

1. Tiers: intoxication means blood ethanol above 0.3 per mille (CAO, Art. 116); above 0.3 up to 0.7 per mille, the right to drive is suspended for 6 months (CAO, Art. 116); above 0.7 per mille, or refusing a check, the suspension is for 1 year (CAO, Art. 116). A driver must undergo a check at the request of the MIA (Law on Road Traffic, Art. 21).
2. Deadlines: after the breathalyser, the person has the right to give a blood sample or undergo a clinical-laboratory examination within 2 hours (CAO, Art. 116); if the examination does not confirm intoxication, the person is released from the penalty (CAO, Art. 116); on recalculation, the concentration is considered to fall by 0.15 per mille per hour (CAO, Art. 116), so go to the clinic immediately. Complaint: within 10 days of delivery; a missed deadline for a valid reason is restored (CAO, Art. 273).
3. Who decides: paragraphs 1 and 2 are considered by the patrol officer on the spot, who imposes the penalty immediately (CAO, Art. 209); a suspension is appealed to the superior official and then to court (CAO, Art. 272); no state fee is payable (CAO, Art. 272). Paragraphs 3, 5, 6, 8 and 9 (repeat offence, driving without a licence, traffic accident) are heard by the district (city) court (CAO, Art. 208), which must consider them within 3 days (CAO, Art. 262).
4. Aggravating circumstances (ask about these): a repeat offence during a deprivation period carries a fine of 2,000 lari, arrest for 5 to 15 days, and an extension of the deprivation by 1 year (CAO, Art. 116); driving without a licence, or while the right is suspended for another reason, carries a fine of 2,000 lari (CAO, Art. 116); causing minor damage to property or health carries a fine of 2,000 lari and deprivation for 3 years (CAO, Art. 116).
5. Getting the right back: the deprivation period runs from delivery (familiarisation) with the decision (CAO, Art. 303); for a first violation the period may be shortened, but not before half of it has elapsed (CAO, Art. 302).
6. Boundary with the Criminal Code: criminal liability applies if a road traffic violation under alcohol caused harm to health or death (Criminal Code, Art. 276); driving under drugs is immediately a crime under the Criminal Code (Criminal Code, Art. 276).
7. Amounts: late payment of a fine under Art. 116 carries a late-payment penalty (საურავი) of 500 lari (CAO, Art. 116).
8. Procedure: when intoxication is confirmed or the check is refused, the officer removes the person from driving (CAO, Art. 116).
9. Where to apply: the patrol police, then the superior MIA official, then the district (city) court.
10. Evidence: the breathalyser printout, the decision with its delivery date, the blood test certificate with the time of sampling, bodycam video.
11. Pitfalls: the first episode is not a court-ordered deprivation but the patrol officer's on-the-spot decision; refusing the check is treated as the highest tier; a repeat without harm to health is not a criminal case but an administrative one under the CAO (fine, arrest).

Be sure to check

• intoxication thresholds and tiers (6 months / 1 year; refusing a check = 1 year)
• the right to a blood test within 2 hours of the breathalyser, and release if it does not confirm intoxication
• who decides (police on the spot; court for a repeat offence, driving without a licence or a traffic accident) and the 10-day appeal period
• consequences of a repeat offence during deprivation (fine, administrative arrest, extension of the deprivation)
• when the deprivation period runs and the possibility of shortening it after half the term has elapsed