DUI Laws in Georgia (DUI)
Georgia uses the term "DUI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 10 years. 4th DUI within 10 years. Below are the full details of Georgia's DUI laws and penalties.
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Overview
Georgia enforces strict DUI laws with mandatory minimum jail sentences starting at the second offense level. The state uses a 10-year lookback period for determining repeat offense penalties and classifies DUI as 'DUI less safe' (impairment-based) or 'DUI per se' (BAC-based). Georgia is notable for its harsh treatment of high-BAC offenders and its mandatory clinical evaluation requirement. A fourth DUI within 10 years is a felony carrying 1–5 years in state prison, and Georgia publishes the names and photos of convicted DUI offenders in some counties.
Official term: DUI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.02% |
| Enhanced Penalty | 0.15% — triggers enhanced penalties including mandatory high-risk classification and longer clinical evaluation |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Misdemeanor | 10 days to 12 months; minimum 24 hours mandatory (judge may suspend remaining jail to probation) | $300–$1,000 plus mandatory surcharges (total typically $1,500–$2,500 with fees) | Up to 1 year; eligible for limited driving permit after 120-day hard suspension (or 30 days if completed DUI school) | Not mandatory for first offense unless court-ordered; required to obtain limited permit in some cases |
| 2nd Offense | Misdemeanor (high and aggravated) | 90 days to 12 months; mandatory minimum 72 hours (48 hours must be consecutive) | $600–$1,000 plus surcharges | 3-year suspension; limited permit available after 120 days with IID installation | Mandatory for limited driving permit; 12 months minimum |
| 3rd Offense | High and aggravated misdemeanor | 120 days to 12 months; mandatory minimum 15 days served in custody | $1,000–$5,000 plus surcharges | 5-year revocation; habitual violator designation; no limited permit for 2 years | Required for any permit granted after revocation period |
| Felony | Felony | 1–5 years in state prison; mandatory minimum 90 days in custody (may not be suspended or probated) | $1,000–$5,000 plus surcharges | 5-year revocation; habitual violator designation; no limited permit during revocation | Required for any reinstatement after revocation |
Felony threshold: 4th DUI within 10 years. Lookback period: 10 years — Georgia uses a 10-year lookback period (measured from dates of arrest, not conviction) to determine whether a DUI is treated as a 1st, 2nd, 3rd, or 4th offense for penalty purposes..
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | Minimum 40 hours mandatory | 12 months (balance of jail sentence typically served on probation) | Mandatory DUI Risk Reduction Program (20-hour course); must be completed for license reinstatement |
| 2nd Offense | Minimum 30 days of community service (240 hours) | 12 months minimum | Mandatory DUI Risk Reduction Program plus clinical evaluation and recommended treatment |
| 3rd Offense | Minimum 30 days (240 hours) | 12 months minimum with intensive supervision | Mandatory clinical evaluation and substance abuse treatment compliance |
| Felony | Minimum 60 days (480 hours) | Up to 5 years felony probation upon release | Mandatory clinical evaluation and treatment; may include inpatient rehabilitation |
Implied Consent Law
Under O.C.G.A. §40-5-55, Georgia's implied consent law requires that any person operating a motor vehicle on Georgia roads has given consent to chemical testing (breath, blood, urine, or other bodily substances) when requested by a law enforcement officer with reasonable grounds to believe the driver is impaired. Officers must read the Georgia implied consent notice before requesting a test.
Refusal penalties: First refusal: 1-year hard license suspension with no limited permit available for the first 30 days (administrative suspension through DDS). Subsequent refusals or refusal with prior DUI: 1-year hard suspension with no limited permit. Refusal can be introduced as evidence in court. An administrative hearing must be requested within 30 days to contest the suspension.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.15% or higher | Enhanced penalties; mandatory high-risk driver classification; higher insurance requirements; possible IID even on first offense |
| Child passenger under 14 years old | Separate charge of child endangerment (misdemeanor); treated as an additional DUI offense for sentencing purposes |
| School bus driver on duty | Enhanced penalties and automatic disqualification from commercial driving; reporting to employer and school district |
| Causing a collision or property damage | Additional charges possible; mandatory restitution; increased jail time at sentencing |
| DUI in a school zone or construction zone | Enhanced fines and potential additional charges; aggravating factor at sentencing |
| Prior habitual violator status | Felony charge for driving as a habitual violator; 1–5 years in prison regardless of DUI offense number |
DUI with Injury
Classification: Felony — Serious injury by vehicle (first-degree or second-degree)
First-degree serious injury by vehicle (DUI causing serious injury): 1–15 years in prison. Second-degree serious injury by vehicle: 1–5 years. DUI vehicular homicide (first-degree): 3–15 years in prison, mandatory minimum 3 years. Second-degree vehicular homicide: 1–5 years. Fines up to $5,000. Permanent license revocation possible.
Underage DUI
Drivers under 21 with BAC of 0.02% or higher face a 6-month license suspension for a first violation (no limited permit for 30 days) and 1-year suspension for a second violation. Third violation results in a 5-year suspension. If BAC reaches 0.08%, full adult DUI penalties apply. The DUI conviction also goes on their permanent criminal record.
Diversion Programs
Program: DUI Court / Accountability Court Programs
Georgia operates DUI Courts (a type of accountability court) in many counties. These are intensive supervision programs lasting 12–24 months that include frequent drug/alcohol testing, mandatory treatment, community service, and regular court appearances. Some jurisdictions also offer pre-trial diversion for first offenders at the prosecutor's discretion.
Eligibility: DUI Court is typically available for repeat offenders (2nd or 3rd offense) as an alternative to incarceration. Pre-trial diversion, where available, is generally limited to first-time offenders with BAC under 0.15%, no injuries, no minor passengers, and no prior criminal history. Availability varies significantly by county.
How Long a DUI Stays on Your Record
A DUI conviction in Georgia stays on your criminal record permanently — Georgia does not allow expungement of DUI convictions. The DUI remains on your driving record with the Georgia DDS for the full lookback period of 10 years for sentencing purposes, but the conviction itself is never removed. For insurance purposes, most companies look back 3–5 years.
Key Statutes
- O.C.G.A. §40-6-391
- Georgia's main DUI statute — defines driving under the influence, BAC limits, and criminal penalties for all offense levels
- O.C.G.A. §40-5-55
- Implied consent law — sets out requirements for chemical testing and consequences of refusal
- O.C.G.A. §40-5-67.1
- Administrative license suspension procedures — 30-day appeal period and hearing process
- O.C.G.A. §40-6-393
- Vehicular homicide statute — felony DUI causing death, classifications, and penalties
- O.C.G.A. §40-5-58
- Habitual violator statute — designation and penalties for repeat traffic offenders including DUI
Frequently Asked Questions
Is a DUI a felony in Georgia?
What happens when you get your first DUI in Georgia?
How long does a DUI stay on your record in Georgia?
Can you get a DUI expunged in Georgia?
Do you need an ignition interlock device after a DUI in Georgia?
Can you refuse a breathalyzer test in Georgia?
What is a limited driving permit in Georgia?
How much does a DUI cost in Georgia?
Related Guide
DUI license recovery in Georgia→Step-by-step guide to getting your license back after a DUI in Georgia — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- Georgia DDS — DUI Information
Official Georgia Department of Driver Services page on DUI license suspensions, reinstatement requirements, and limited permits
- Georgia Code — Title 40 Motor Vehicles
Full text of Georgia traffic and DUI statutes including O.C.G.A. §40-6-391 and related provisions
- Georgia Accountability Courts
Information on Georgia's DUI Court and other accountability court programs as alternatives to incarceration
- Georgia Bar Lawyer Finder
Search for a qualified DUI attorney through the State Bar of Georgia's member directory
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