A Complete Guide to Georgia DUI Laws: From First Offense to Felony Charges

June 20, 2025

A Complete Guide to Georgia DUI Laws: From First Offense to Felony Charges

Introduction

Georgia, the "Peach State," is known for its strict and escalating Driving Under the Influence (DUI) laws. These regulations are designed to deter impaired driving and ensure the safety of its roadways. Georgia imposes significant penalties that become progressively harsher with each subsequent offense, often involving mandatory jail time, substantial fines, and lengthy license suspensions. Understanding these laws is crucial for anyone driving in Georgia.

The General Framework of Georgia DUI Laws

In Georgia, a person can be charged with DUI if they are found to be driving or in actual physical control of a motor 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 combined influence of alcohol and any drug to the extent that it is less safe for the person to drive;
Having a Blood Alcohol Concentration (BAC) of $0.08%$ or more (for drivers 21 and older);
Having any amount of marijuana or any controlled substance (as defined in Georgia law) present in their blood or urine.

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Per Se DUI Law: Georgia operates under a "per se" law for alcohol impairment. This means if your BAC is at or above a certain legal limit, you are legally presumed to be under the influence, even if your driving does not appear impaired.

For drivers 21 and older: The legal BAC limit is $0.08%$ .
For commercial vehicle operators: The legal BAC limit is $0.04%$ .
For drivers under 21 (Zero Tolerance Law): Georgia has a strict "zero tolerance" policy for underage drivers. If a driver under 21 has a BAC of $0.02%$ or higher, they can be charged with DUI.

Even if your BAC is below the specific "per se" limits, you can still face DUI charges if law enforcement can prove that your driving ability was "less safe" due to impairment by alcohol or drugs.

Implied Consent Law

Georgia has a comprehensive implied consent law. By operating a motor vehicle on the state's public roads, you are legally deemed to have given your consent to a chemical test (blood, breath, or urine) to determine your BAC or drug content if a law enforcement officer has probable cause to believe you are driving under the influence and you are lawfully arrested for DUI.

Refusal to Test: Refusing to submit to a chemical test after a lawful arrest for DUI in Georgia carries immediate and severe administrative penalties from the Georgia Department of Driver Services (DDS), separate from any criminal prosecution. Your refusal can also be used as evidence against you in court, suggesting "consciousness of guilt."

First refusal: Automatic 1-year driver's license suspension. During this suspension, you are not eligible for a limited driving permit.
Second or subsequent refusal (within 5 years): Automatic 3-year driver's license suspension.

It is crucial to note that you have only 30 days from the date of arrest to file an appeal to prevent this administrative license suspension. If you do not appeal or install an Ignition Interlock Device (IID) (if eligible), your license will be suspended.

Georgia DUI Statistics

Impaired driving remains a significant public safety concern in Georgia. According to data from the Georgia Department of Driver Services (DDS), in 2024 (through a partial year), there were 33 felony DUI convictions out of 23,463 total DUI and drug-related convictions reported, the highest number of felony DUI convictions from 2014 to 2024. In 2023, there were 14 felony DUI convictions out of 21,770 total cases. Overall, Georgia had approximately 34,700 DUI arrests in 2024.

These numbers reflect the ongoing efforts by law enforcement to address impaired driving and the serious nature of the problem in the state.

Penalties for DUI in Georgia

Georgia's DUI penalties are substantial and become significantly more severe with each subsequent conviction. Georgia primarily uses a 10-year look-back period (measured from arrest date to arrest date) for determining the classification of repeat offenses (misdemeanor vs. felony) and escalating penalties. However, a DUI conviction remains on your criminal record permanently.

First Offense DUI (Misdemeanor)

For a first-time DUI conviction in Georgia (no prior convictions within the last 10 years):

Jail Time: 24 hours to 12 months. (Minimum 24 hours mandatory if BAC was $0.08%$ or more; otherwise, a judge may suspend jail time).
Fines: $300 to $1,000, plus various surcharges, court costs, and fees.
License Suspension: 12-month driver's license suspension.
- Limited Driving Permit: After 120 days of suspension, you may be eligible for a limited driving permit, provided you have completed DUI school.
- Reinstatement: To reinstate your license, you must complete the DUI Alcohol or Drug Use Risk Reduction Program (DUI School) and pay a $210 reinstatement fee.
Community Service: Mandatory minimum of 40 hours. If BAC was less than $0.08%$ , the minimum can be 20 hours.
Probation: Up to 12 months of probation, minus any jail time served.
DUI School/Risk Reduction Program: Mandatory completion of a state-approved 20-hour Risk Reduction Program.
Clinical Evaluation/Treatment: Mandatory clinical evaluation and, if recommended, completion of a substance abuse treatment program at the offender's expense.
Ignition Interlock Device (IID): While not mandatory for all first offenses, judges have the discretion to order IID installation for 6 months. It is typically mandatory if you wish to obtain a limited permit.
Under 21 first offense: If BAC is $0.02%$ to $0.079%$ , license suspension is 6 months with no limited driving permit. If BAC is $0.08%$ or higher, penalties are the same as for an adult first offense.

Repeat Offenses (Within 10-year look-back)

Second Offense DUI (Misdemeanor): (Second conviction within 10 years of a prior conviction)
- Jail Time: Mandatory minimum of 72 hours (3 days) up to 12 months. At least 48 hours must be consecutive.
- Fines: $600 to $1,000, plus surcharges and fees.
- License Suspension: 3-year driver's license suspension.
  - Limited Driving Permit: Not eligible for a limited permit for the first 12 months of suspension. After 12 months, may be eligible for a restricted license with a mandatory IID for at least 12 months.
- Community Service: Mandatory minimum of 30 days (240 hours).
- DUI School & Treatment: Mandatory completion of DUI school and a clinical evaluation/substance abuse treatment.
- Probation: 12 months of probation, minus jail time served.
- Ignition Interlock Device (IID): Mandatory IID installation for a minimum of 12 months, potentially longer, as a condition of reinstatement.
- License Plate Seizure: License plates for the offender's vehicle will be seized.
- Photo Publication: Offender's name, photo, and address may be published in the local newspaper at their expense.
Third Offense DUI (Misdemeanor of a High and Aggravated Nature): (Third conviction within 10 years of two prior convictions)
- Jail Time: Mandatory minimum of 15 days up to 12 months.
- Fines: $1,000 to $5,000, plus surcharges and fees.
- License Revocation: 5-year driver's license revocation.
  - Limited Driving Permit: Not eligible for a limited permit for the first 24 months. After 24 months, may be eligible for a restricted license with a mandatory IID for at least 12 months.
- Community Service: Mandatory minimum of 30 days (240 hours).
- DUI School & Treatment: Mandatory completion of DUI school and a clinical evaluation/substance abuse treatment.
- Probation: 12 months of probation, minus jail time served.
- Ignition Interlock Device (IID): Mandatory IID for a minimum of 12 months, potentially longer, as a condition of reinstatement.
- Habitual Violator (HV) Status: Declared a Habitual Violator, leading to additional license implications.
- License Plate Seizure & Photo Publication: Mandatory.
Fourth or Subsequent Offense DUI (Felony): (Fourth or subsequent conviction within 10 years of the first offense)
- Prison Time: Mandatory minimum of 1 year up to 5 years in state prison.
- Fines: $1,000 to $5,000.
- License Revocation: Mandatory 5-year license revocation.
  - Limited Driving Permit: Not eligible for a limited permit for the first 24 months. After 24 months, may be eligible for a restricted license with a mandatory IID for at least 12 months.
- Community Service: Mandatory minimum of 60 days (480 hours).
- DUI School & Treatment: Mandatory completion of DUI school and a clinical evaluation/substance abuse treatment.
- Probation: 5 years of probation, minus prison time served.
- Ignition Interlock Device (IID): Mandatory IID for a minimum of 12 months, potentially longer, as a condition of reinstatement.
- Habitual Violator (HV) Status: Mandatory designation.
- Vehicle Forfeiture: Vehicle forfeiture is possible unless a judge grants an exception for family financial hardship.

Aggravating Factors and Enhanced Penalties:

Certain circumstances can significantly enhance DUI penalties in Georgia:

High BAC: A BAC of $0.15%$ or higher can result in increased jail time and fines, even for a first offense.
Child Endangerment: Driving under the influence with a passenger under the age of 14 in the vehicle results in separate child endangerment charges (a misdemeanor for a first offense), leading to additional fines and jail time. Subsequent offenses can be felonies.
Causing Serious Injury or Death: DUIs that result in serious physical injury to another person can be charged as Serious Injury by Vehicle (a felony), punishable by 1 to 15 years in prison per victim. If the DUI causes a death, it can be charged as Homicide by Vehicle (a felony), carrying significant prison sentences (e.g., 3 to 15 years for 1st-degree vehicular homicide). These penalties are in addition to the standard DUI penalties.
Refusal to Submit to Chemical Test: As outlined, refusal leads to immediate and lengthy administrative license suspension with no limited driving permit, and can be used as evidence against you in court.
Prior Convictions for Serious Traffic Offenses: Can contribute to Habitual Violator status and more severe penalties.

Conclusion

Georgia's DUI laws are among the nation's most stringent, reflecting the state's aggressive stance against impaired driving. From mandatory jail time and significant fines for even a first offense to lengthy prison sentences, permanent felony records, and loss of driving privileges for repeat or aggravated offenses, the consequences are designed to be severe and far-reaching. Understanding the state's "per se" and "zero tolerance" BAC limits, the strict implied consent law, and the impact of aggravating factors is paramount for every driver in Georgia. For anyone facing a DUI charge in the Peach State, immediate consultation with an experienced Georgia DUI defense attorney is strongly advised to navigate the complexities of the legal system and safeguard your rights and future.

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