Important Note from the Editor

While we strive to keep this information up to date and accurate, it's important to understand that it's based on your states legislature. Your local courts, judges, district attorneys office and even local law enforcement will have a huge impact on how the law is actually applied in any given case. No amount of legal information can replace the advice of a local attorney familiar with DUI cases in your area.

Drinking and Driving Laws in Georgia

Georgia Drunk Driving and Wet Reckless Laws - Nolo.com

The State of Georgia prohibits drivers from operating a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or above. The .08 BAC limit is standard throughout the United States. In addition to this law, there are also separate, lower BAC limits for drivers under the age of 21, and commercial drivers. Georgia also has an "Open Container Law". The open container law prohibits a alcoholic beverage container that contains any amount of alcoholic beverage in it from being inside a moving vehicle. This includes containers with broken seals or containers that have had the alcohol partially removed in a vehicle on the roadway or shoulder of any public highway. The fine for violating the open container law is $200.

How many drinks does it take to reach the legal limit in Georgia?

There isn't one correct answer to this question as each individual has certain characteristics that may impact the number of drinks that it would take to become legally impaired. Variables such as weight, body fat percentage and the length of time between drinks can all be factors in the drunk driver equation. There have been studies that have show that for each drink, your BAC could go up as much as .05 percent. The fact is it takes very little alcohol to become legally drunk, and the risks and penalties for drunk driving clearly outweigh any good that could come by driving impaired.
 

The best answer is not to drink and drive. The State of Georgia has strict laws for drunk driving, and when you drink and drive in Georgia, you risk your freedom, finances and your future.

The first DUI conviction in Georgia you will receive a possible jail sentence of one year. The fine that you receive will be from $300 minimum to $1,000. Your drivers license will be suspended for up to one year and you will also receive 40 hours of mandatory community service. To have your drivers license reinstated you will need to pay a $210 reinstatement fee. Drivers that are under 21 must delay obtaining their graduated drivers license for 12 months.

A second DUI conviction in Georgia will be a mandatory jail sentence minimum of 48 hours, however you could receive from 90 days - 1 year in jail. The fine you receive will be from $600 minimum to $1,000. You will also receive a drivers license suspension for a period of 3 years and a minimum 30 days of community service.

To have your drivers license reinstated will cost $210. You will also have to complete a mandatory clinical evaluation and, if the court wishes, you will have to complete a substance abuse treatment program at your expense. The court may also order you to have an ignition interlock device attached to your vehicle for second and subsequent offenses. Drivers that are under 21 must delay obtaining their graduated drivers license for 12 months.

The third time you are convicted of drunk driving in Georgia you will receive a mandatory 15 days in Jail. The fine that you receive will be from $1,000 minimum, up to $5,000. Your drivers license will be revoked for 5 years and you will serve a mandatory 30 days of community service. The violators Name, Photo, and Address will be published in a local newspaper at the violators expense.

You will also be declared a "Habitual Violator" and your license plate will be seized and sent to the department of motor vehicle safety. You will also receive a mandatory clinical evaluation and, if the court wishes, you must complete a substance abuse treatment program at your expense. The court may also order you to have an ignition interlock device attached to your vehicle for second and subsequent offenses. Drivers that are under 21 must delay obtaining their graduated drivers license for 12 months.

Georgia House Bill 336, enacted in May of 2008 provides that a 4th driving under the influence violation within 10 years is a felony. A fourth conviction within 10 years of a previous offense will result in a fine not less than $1,000 and not more than $5,000. Unless suspended by a judge, you will be imprisoned from 1 to 5 years. If the sentence is suspended by a judge, 90 days of the sentence must still be served. The convicted driver will also need to complete a DUI Alcohol or Drug Use Risk Reduction Program and may be ordered to complete a minimum of 60 days of community service.

Drunk Driving Laws in Georgia

State of Georgia BAC Laws:

• All drivers with a BAC of .08 or higher.
• Under 21 with a BAC of .02 or higher.
• Commercial Vehicle Driver with a BAC of .04 or higher.

The Implied Consent Law in the State of Georgia

The State of Georgia has what is called an "Implied Consent Law". This law requires Georgia drivers to submit to state chemical tests of blood, breath, urine or other bodily substances to determine if you are under the influence of alcohol or drugs. If you refuse to take such a test you will have your drivers license suspended for one year. This law is similar to implied consent laws in other states and carries similar penalties as a drunk driving conviction.

State of Georgia Website - Drunk Driving Laws, Penalties and Fines in Georgia

More Information on Georgia House Bill 336 (4th Conviction Felony)

Other Georgia Information on This Website

Georgia Teen Driving Laws and Insurance Requirements

Cell-Phone Driving Laws in Georgia