Georgia takes driving under the influence seriously. The state’s laws punish DUI convictions with a mix of license suspensions, fines, probation, and possible jail time. DUI penalties in Georgia apply to both first-time offenders and those with prior convictions. Anyone arrested for DUI should know what to expect and how these penalties can affect their job, personal life, and future opportunities.
Losing your license or spending time in jail doesn’t just create a short-term headache. It can follow you for years. You may need to pay higher insurance premiums, take classes, or even install a breath-testing device in your car. If you’ve been arrested, you should contact a Georgia DUI defense attorney nearby for a confidential consultation to understand your rights and options.
| Offense (within 10 Years) | Minimum Jail Time | Fines (plus surcharges) | License Suspension/Revocation | Mandatory Community Service |
| First Offense | 24 hours | $300 - $1,000 | Up to 12 months | At least 40 hours |
| Second Offense | 72 hours | $600 - $1,000 | 3 years | At least 30 days |
| Third Offense | 15 days | $1,000 - $5,000 | 5-year revocation (as Habitual Violator if 3rd in 5 yrs) | At least 30 days |
What Are Georgia’s DUI Laws?
Georgia DUI laws focus on blood alcohol content, observed behavior, and prior offenses. A person can face criminal charges, administrative license actions, or both, depending on the situation.
Blood Alcohol Concentration (BAC) Limits
Georgia law uses BAC to measure how much alcohol is in a driver’s system. A BAC of 0.08% or higher is the legal limit for drivers over 21. For commercial drivers, the limit is 0.04% while driving a commercial vehicle. Anyone under 21 must stay below 0.02% because of Georgia’s zero-tolerance policy for minors.
What Constitutes a DUI in Georgia?
A DUI charge in Georgia can result from driving with a BAC over the legal limit or showing signs of impairment. Police can also arrest a driver for being under the influence of drugs, even if they have a valid prescription. Georgia law allows officers to use field sobriety tests, breath tests, blood tests, and their observations as evidence.
Administrative vs. Criminal Penalties
Administrative penalties come from the Georgia Department of Driver Services. These include license suspensions after a DUI arrest. Criminal penalties come from the court system and include fines, jail, and probation. These two systems operate separately, so a person can lose their license even if the criminal charges are dropped or reduced.
What Are the Penalties for a First DUI Offense in Georgia?
First-time DUI convictions still carry serious penalties. Even without prior convictions, the court may order jail time, fines, or license restrictions.
Fines and Court Costs
A first DUI conviction brings a fine between $300 and $1,000, plus court fees. These extra charges can add hundreds more to the total cost.
License Suspension Period
A first in life DUI conviction will result in a license suspension. After 120 days, the driver may qualify for reinstatement if they complete DUI school and pay a reinstatement fee.
Mandatory DUI School and Risk Reduction Programs
Georgia law requires anyone convicted of DUI to complete a Risk Reduction Program, often called DUI school. The course includes an assessment and 20 hours of class time.
Potential Jail Time
A first offense can lead to a jail sentence from 24 hours to 12 months.
State statute mandates a sentence of 10 to 12 months, but it allows the judge to suspend all but 24 hours of that sentence. In other words, the law requires you to spend at least 24 hours of jail.
How Do Georgia DUI Penalties Increase with Multiple Offenses?
Penalties become more severe with each new DUI conviction. Judges look back over a person’s driving record to see how many prior convictions exist within a set time.
Second DUI Offense Consequences
A second DUI conviction within five years can lead to:
- Fines from $600 to $1,000
- Jail time from 90 days to 12 months
- A three-year license suspension
- Mandatory community service
- Installation of an ignition interlock device
- Longer DUI education programs
Third DUI Offense and Habitual Violator Status
A third DUI conviction within five years raises the stakes even more. Fines range from $1,000 to $5,000. Jail time may last from 120 days to 12 months. The driver becomes a “habitual violator,” and their license can be revoked for five years. After two years, they may apply for a probationary license with restrictions.
Georgia’s Five-Year and 10-Year Lookback Periods
Georgia uses two different "lookback" periods to calculate penalties for repeat DUI offenses, which can be confusing.
- 10-Year Lookback for Criminal Sentencing: For the purpose of determining mandatory minimum jail time, fines, and community service, the court looks back 10 years from the date of arrest. A DUI conviction from up to 10 years ago will cause your current charge to be treated as a second or subsequent offense.
- Five-Year Lookback for License Revocation: For the most severe license penalties, the Georgia Department of Driver Services (DDS) looks back five years. If you receive three DUI convictions within a five-year period, you will be declared a Habitual Violator, leading to a five-year license revocation.
Administrative License Suspension in Georgia
Georgia law lets the state suspend your license as soon as you’re arrested for DUI, even before a trial.
Immediate Suspension Upon Arrest
Police submit a notice of suspension if a driver tests over the legal BAC limit or refuses testing. The driver’s license is immediately affected.
30-Day Temporary Permit
Drivers receive a temporary permit that lasts 30 days. During that time, they can request an ALS (Administrative License Suspension) hearing.
ALS Hearing Process and Timeline
The driver must file a request for a hearing within 30 calendar days from your arrest. If they miss the deadline, the license suspension takes effect. At the hearing, a judge will decide whether the suspension stays in place.
Ignition Interlock Device Requirements
Some drivers may choose to install an ignition interlock device instead of requesting a hearing. This device prevents the car from starting if alcohol is detected on the driver’s breath.
What Happens If You Refuse a Breathalyzer Test in Georgia?
Refusing a chemical test carries its own set of penalties. Georgia’s laws assume drivers give permission for BAC testing just by driving on public roads.
Implied Consent Law
By getting behind the wheel, drivers agree to testing if police have probable cause. This is called “implied consent.”
Automatic License Suspension for Refusal
Refusing a breath, blood, or urine test leads to a one-year license suspension. This applies even if you’re later found not guilty of DUI.
Enhanced Penalties for Test Refusal
Courts may impose tougher sentencing for those who refuse testing. Prosecutors can also argue that refusal shows guilt.
Enhanced Penalties for Aggravated DUI Circumstances
Some situations increase DUI penalties beyond the standard ranges.
High BAC Levels
A BAC far above the legal limit often brings harsher punishment. Judges may increase fines, jail time, and the length of license suspension.
What Are the Penalties for DUI With a Child in the Car?
Driving under the influence with a passenger under the age of 14 is a separate and distinct offense of Child Endangerment. Pursuant to O.C.G.A. 40-6-391 (l), you will face one charge of endangerment for each child in the vehicle, in addition to your DUI charge. Each endangerment conviction carries its own penalties, including potential jail time and fines.
DUI Causing Accident or Injury
Causing a crash while impaired can lead to charges beyond DUI, such as reckless driving or vehicular assault.
Commercial Driver DUI Penalties
Commercial drivers who commit a DUI lose their CDL for at least one year, even on a first offense. A second offense can lead to a lifetime ban.
Long-Term Consequences of a Georgia DUI Conviction
A DUI doesn’t just end when the sentence does. It can keep causing problems years down the line.
How Does a DUI Conviction Impact My Criminal Record?
DUI convictions stay on your criminal record and show up in background checks. This can affect housing applications, loans, and more.
Employment and Professional License Effects
Some employers fire workers for a DUI. Others may not hire someone with a record. Certain licensed professionals, like nurses or teachers, could face disciplinary action.
Insurance Rate Increases
Insurance companies often raise rates sharply after a DUI. Some may cancel your policy.
SR-22 Insurance Requirements
Georgia may require high-risk drivers to carry SR-22 insurance. This adds more cost and paperwork for several years.
How The Atlantic Law Firm Can Help You
Attorney Stacey Goad has handled hundreds of DUI cases across Georgia. As a former prosecutor, she understands how the other side builds its case. That experience helps her craft solid defense strategies.
Challenging Field Sobriety Tests and Breathalyzer Results
Police don’t always perform sobriety tests correctly. Stacey Goad knows how to challenge improper procedures or faulty breath test equipment.
Negotiating Reduced Charges or Alternative Sentencing
Sometimes the best result means avoiding jail or a conviction. Goad works with prosecutors to lower charges or seek alternatives like probation or diversion.
Representing You at ALS Hearings
You only have 30 days to act before your license gets suspended. Stacey helps you meet deadlines and makes sure your voice is heard at the ALS hearing.
Protecting Your Driving Privileges
She works to keep your license or help you qualify for a limited permit so you can still go to work or school.
Minimizing Long-Term Consequences
Every decision made during a DUI case can affect your future. Stacey helps you make smart choices and fight to keep your record as clean as possible.
Frequently Asked Questions About Georgia DUIs
Can I get a work permit during my license suspension?
Yes. If you qualify, Georgia may issue a limited driving permit for work, school, or medical reasons.
How long will a DUI stay on my record in Georgia?
A DUI conviction remains on your criminal record permanently. However, its effect on sentencing stops after 10 years.
What is the difference between DUI and DWI in Georgia?
Georgia uses the term DUI (Driving Under the Influence). DWI (Driving While Intoxicated) is used in some other states but not in Georgia.
Can I expunge a DUI conviction from my record?
No. Georgia law does not allow DUI convictions to be expunged or sealed.
What is the difference between a DUI Less Safe and a DUI Per Se in Georgia?
Georgia has two main types of DUI charges. A DUI Per Se means you were driving with a Blood Alcohol Concentration (BAC) at or above the legal limit (e.g., 0.08% for most adults). The BAC level itself is the primary evidence.
A DUI Less Safe charge can be brought even if your BAC is below the legal limit or was never tested. This charge is based on evidence that you were a less safe driver due to the influence of alcohol, drugs (including prescription medication), or a combination of both.
Evidence can include your driving behavior, physical appearance, and performance on field sobriety tests.
Will I definitely go to jail for a first-time DUI in Georgia?
While the law mandates a minimum 24-hour jail sentence for a first DUI conviction, an experienced attorney can often negotiate alternatives. Depending on the specifics of your case and the jurisdiction, you may serve the jail time through community service, road work programs, or house arrest.
There is no guarantee, but avoiding jail is a primary goal in many first-offense DUI defenses.
My DUI was for legally prescribed medication. Can I still be convicted?
Yes. Having a valid prescription is not a defense against a DUI charge in Georgia. The law makes it illegal to drive if you are made a less safe driver by any substance, including prescription or over-the-counter medications. If the medication impairs your ability to drive safely, police can arrest you and a court can convict you of a DUI.
What happens to my car after a DUI arrest?
After a DUI arrest, your vehicle will typically be impounded. You will be responsible for all towing and storage fees, which can accumulate daily.
To retrieve your vehicle, you must present a valid driver's license (or have a licensed driver with you), proof of ownership, and payment for the fees. Act quickly to keep these costs from escalating.
Speak With a Skilled DUI Defense Lawyer in Georgia Now
Acting quickly after a DUI arrest makes a big difference. You only have 30 days to request an ALS hearing before the state automatically suspends your license.
The criminal defense lawyer at Atlantic Law Firm has the tools and knowledge to help you protect your future. Attorney Stacey Goad works directly with clients and provides trusted, results-driven defense. Contact us now for a free consultation and find out how we can help you move forward.