According to the Georgia Department of Driver Services, more than 20,000 people are arrested each year for driving under the influence in the state. Yet many first-time offenders don’t realize that a DUI stays on your criminal record forever in Georgia, even if it was a one-time mistake. While many other states offer pathways to remove or seal DUI convictions, Georgia law is far less forgiving.
The answer to how long a DUI stays on your record in Georgia may be simple, but the consequences are anything but. This permanent mark can impact everything from job applications to insurance rates, even years after the conviction. But there are solutions. With the right legal defense, it may be possible to reduce the charges or avoid a conviction altogether. An experienced Georgia DUI lawyer can review your case, challenge the evidence, and help you pursue a path forward.
Key Takeaways to Know About DUI Records in Georgia
- A DUI conviction in Georgia is permanent and will stay on your criminal record for life.
- Driving record penalties operate on a five-year "lookback" period, impacting license status and insurance.
- DUI convictions are not eligible for expungement or record restriction under Georgia law.
- Repeat DUI offenses lead to sharply increased penalties, including felony status and license revocation.
- Acting quickly with a DUI defense attorney may help reduce charges or avoid a conviction altogether.
Georgia’s Harsh DUI Record Laws: Why a Conviction Never Disappears
In Georgia, once you're convicted of DUI, that conviction becomes part of your permanent criminal record. The state does not allow DUI convictions to be expunged, restricted, sealed, or hidden from public view. This legal position is based on the Georgia First Offender Act and the statutory rules for record restriction.
Georgia’s criminal history record restrictions rule (O.C.G.A. § 35-3-37) outlines which convictions may be restricted. DUIs are expressly excluded, meaning even a first DUI offense cannot be removed from your record. This can have serious implications for:
- Employment background checks
- Professional license applications
- Housing or rental screenings
- Security clearance reviews
- Insurance risk evaluations
For anyone arrested in Chatham County, Savannah employers often use third-party background screening services, which will almost always show a DUI conviction, even one from over a decade ago.
How Long Does a DUI Stay on Your Georgia Driving Record?
While the criminal record never clears, Georgia uses two different "lookback" periods to assess driving penalties and future DUI charges.
Five-Year Lookback Period (Administrative Penalties)
The Georgia Department of Driver Services (DDS) uses a five-year lookback period to determine driving-related administrative penalties. These can include:
- License suspension or revocation
- Points on your driving record
- SR-22 insurance requirement
- Mandatory DUI risk reduction programs
If your DUI occurred more than five years ago, it typically won’t count against your license for these purposes. However, insurance providers may still factor it in when calculating premiums.
Ten-Year Lookback Period (Criminal Penalties)
For sentencing purposes, Georgia courts apply a ten-year lookback period to determine whether a DUI offense is a first, second, third, or subsequent offense. This period is counted from the date of arrest, not the conviction.
A second or third DUI within ten years can lead to:
- Longer mandatory jail time
- Higher fines and court fees
- Ignition interlock device requirements
- Being labeled a "habitual violator" under Georgia law
Once you're classified as a habitual violator, a fourth DUI becomes a felony offense with much steeper penalties.
Can a DUI Ever Be Removed from Your Georgia Record?
The short answer: No. A DUI conviction cannot be expunged, sealed, or restricted under Georgia law. However, there is one narrow exception. If your DUI was dismissed, nolle prosequi (not prosecuted), or reduced to a non-DUI offense like reckless driving, you may be eligible to request a record restriction for the arrest, not the conviction, since there was none.
If your DUI charge was reduced, the reduced charge may appear on your record depending on the plea entered and court documentation. However, a full-blown DUI conviction remains visible to:
- Employers
- Licensing boards
- Insurance companies
- State agencies
This is why early legal intervention is so important. A DUI attorney can sometimes negotiate with prosecutors to avoid a conviction entirely, keeping your long-term record clean.
What Are the Long-Term Consequences of a DUI Conviction in Georgia?
The impact of a DUI conviction in Georgia reaches far beyond the courtroom. For many, the hidden consequences emerge long after fines are paid and probation ends.
Here are some of the most significant ways a DUI can affect your future:
- Employment obstacles: Many employers will reject candidates with DUI convictions, especially for jobs involving driving, safety-sensitive roles, or government clearances.
- Housing restrictions: Landlords and property managers often deny applications when criminal convictions show up on background checks.
- Professional licensing challenges: Nurses, teachers, and even real estate agents may struggle to get or renew their licenses.
- Higher auto insurance premiums: Insurance carriers classify DUI convictions as high-risk, often triggering rate hikes that can last years.
- Social stigma and loss of trust: Friends, coworkers, and community members may view you differently after a conviction, especially in smaller communities like Savannah.
These ripple effects are why so many people feel the consequences of a DUI conviction long after their court case ends.
The Difference Between a Misdemeanor and Felony DUI in Georgia
Georgia DUI law classifies most first and second DUI offenses as misdemeanors. However, a fourth DUI within ten years becomes a felony, carrying dramatically increased penalties.
Here’s how the classification breaks down:
- 1st DUI (Misdemeanor): Mandatory Minimum punishment of 1 day in jail, 12 months on probation, a $300 fine, Drug and Alcohol Evaluation, Risk Reduction, 40 hours of community service, license suspension, and all Savannah judges require on M.A.D.D. Impact Panel.
- 2nd DUI (Misdemeanor): All penalties described above plus Minimum 72 hours jail, additional mandatory community service, additional mandatory fines, 3-year license suspension
- 3rd DUI (High and Aggravated Misdemeanor): Jail time of 15 days to 12 months, all penalties listed above, additional fines, and a habitual violator designation
- 4th DUI (Felony): Prison time up to 5 years, permanent loss of driving privileges, loss of civil rights
Each conviction builds on the last, which is why a “just one time” mistake can have long-lasting legal and life consequences if repeated.
Georgia’s Administrative License Suspension (ALS) and DUI Arrests
After a DUI arrest, you only have 30 calendar days to request an Administrative License Suspension (ALS) hearing with the Georgia Department of Driver Services. If you miss this window, your license may be suspended automatically, even before a conviction.
At the ALS hearing, you or your attorney can challenge:
- The legality of the traffic stop
- Whether implied consent warnings were read
- Whether you refused chemical testing
Even if the criminal case is later dismissed, failing to act during this 30-day window can leave you without a driver’s license for months.
Repeat Offenses: How Georgia Treats Second, Third, and Fourth DUIs
The consequences of a DUI don’t stop at a single conviction. Instead, each conviction carries heavier penalties and more permanent consequences. What starts as a misdemeanor can quickly lead to felony charges, especially within a 10-year window.
Second DUI (within 10 years of the first)
- Mandatory minimum of 72 hours in jail
- Up to 12 months of probation
- Fines between $600–$1,000
- License suspension for 3 years
- Mandatory DUI Risk Reduction Program
- Ignition Interlock Device (IID) installation may be required
Third DUI (within 10 years)
- Classified as a high and aggravated misdemeanor
- 15 days to 12 months in jail
- Fines up to $5,000
- Minimum 240 hours of community service
- Declared a Habitual Violator, risking full loss of driving privileges
Fourth DUI (within 10 years)
- Felony charge with up to 5 years in state prison
- Loss of civil rights, including voting and firearm ownership
- Long-term damage to employment and housing opportunities
Each conviction not only increases the legal penalties but also compounds the lifelong consequences of having multiple DUIs on your record.
Will a DUI Show Up on Background Checks in Georgia?
Yes. A DUI conviction will appear on both criminal and driving record background checks in Georgia.
Employers, landlords, universities, and licensing boards often use background checks that access records maintained by:
- The Georgia Bureau of Investigation (GBI)
- The Federal Bureau of Investigation (FBI)
- Private background check services
Because DUI convictions are permanent, there is no time limit after which they fall off your record. Even convictions from 15 or 20 years ago can show up if the background check is thorough enough.
In fields like education, healthcare, law enforcement, and commercial driving, a single DUI conviction may be disqualifying.
How Long Does a DUI Affect Your Car Insurance in Georgia?
A DUI in Georgia can affect your insurance rates for three to seven years or longer, depending on your provider.
Once convicted, you're usually classified as a high-risk driver, which can lead to:
- Premium increases of 50% to 300%
- Requirements for SR-22 certificates (proof of financial responsibility)
- Policy cancellation or denial of renewal
- Difficulty securing standard auto coverage
Some insurers may refuse to insure DUI offenders altogether, pushing you into Georgia’s Assigned Risk Program, where premiums are significantly higher.
Factors that influence how long the impact lasts:
- Severity of the DUI incident (e.g., accident involved)
- Number of DUI convictions on your record
- Whether you completed DUI school or counseling
- Your driving history post-DUI
How long a DUI impacts your insurance depends on several factors, but the financial burden can follow you for years. If you’ve been charged with a DUI, seeking legal help quickly could help you avoid the kind of conviction that drives your rates up and narrows your insurance options.
Fighting a DUI in Georgia: Legal Strategies That Can Make a Difference
A DUI arrest is not the same as a conviction. In fact, many first-time DUI charges in Georgia are dismissed, reduced, or resolved without a conviction when handled properly.
Here are some of the legal defense strategies your DUI attorney may use to challenge DUI charges:
Challenging the traffic stop
If the officer lacked reasonable suspicion to stop your vehicle, the entire case may be thrown out. Georgia law requires that police have a valid reason to initiate a stop.
Questioning field sobriety tests
Field sobriety tests are subjective and often misapplied, especially on uneven pavement, in bad weather, or with drivers who have medical conditions.
Disputing breathalyzer and blood test accuracy
Testing equipment must be properly maintained and calibrated, and results can be affected by medications, medical conditions, or procedural errors.
Violations of implied consent rights
Georgia’s implied consent law requires officers to read specific warnings before chemical testing. Failure to follow this protocol can make test results inadmissible.
Negotiating a plea to reckless driving
In some cases, prosecutors may agree to reduce a DUI to a “wet reckless” (reckless driving involving alcohol), which avoids a DUI conviction.
Even when the evidence seems strong, a skilled Georgia DUI defense attorney can find flaws in the case that could lead to a better outcome.
FAQs for How Long Does a DUI Stay on Your Record in Georgia?
Can a DUI ever be expunged in Georgia?
No. Georgia law does not allow DUI convictions to be expunged or sealed. Once convicted, the DUI stays on your record permanently and can be seen on background checks by employers, agencies, and licensing boards.
How does a DUI in Georgia affect professional licenses?
A DUI conviction in Georgia can trigger disciplinary action from licensing boards in professions like nursing, teaching, real estate, and commercial driving. Even a first offense may prompt review or denial of license renewal, especially if your job requires public trust or driving privileges.
Can I drive to work after a DUI arrest in Georgia?
In some cases, you may qualify for a limited driving permit that allows travel to work, school, or court-ordered programs. This depends on your offense history, compliance with deadlines, and whether you request a hearing with the Georgia Department of Driver Services within 30 days.
Does a DUI arrest show up on background checks if I'm not convicted?
Yes, a DUI arrest may still appear on some background checks even if you weren’t convicted. However, if the charge was dismissed or reduced, you might be eligible to have the arrest record restricted from public view under Georgia law.
What is Georgia’s implied consent law and how does it affect my DUI case?
Georgia’s implied consent law means you automatically agree to chemical testing if you're suspected of DUI. Refusing a test can trigger an automatic license suspension, even before your criminal case is resolved.
Can tourists or out-of-state drivers be charged with DUI in Savannah?
Yes. Out-of-state visitors arrested for DUI in Savannah or Chatham County face the same legal consequences as Georgia residents. Your home state may also apply additional penalties once notified of the arrest or conviction.
Next Steps: Talk to a Georgia DUI Lawyer Who Knows What’s at Stake
A DUI conviction in Georgia is unforgiving and may follow you for the rest of your life. The best step you can take after being arrested for a DUI is to work with a criminal defense attorney who can review your case and find ways to fight back.
As a former DUI prosecutor, I know how to take apart the State’s case from the inside out. If you’re facing DUI charges in Savannah or anywhere in Chatham County or coastal Georgia, call me, Stacey M. Goad, at (912) 209-9000 or reach me online to schedule a free and confidential case review. I’ll look for opportunities to get the charges reduced or dismissed. Let me fight to protect your future.