Driving under the influence (DUI) is a criminal offense in Georgia. This article cover's Georgia's DUI laws and the penalties you'll face for a first, second, and third DUI conviction in the state.
Georgia DUI laws prohibit driving or being in actual physical control of a vehicle:
A driver who is less safe to drive due to alcohol or drugs is considered "under the influence." A person can also be convicted of a per se DUI with a BAC of .08% or more, regardless of actual impairment.
After a DUI conviction, the judge will determine the jail and fine within the statutory guidelines.
Georgia's DUI laws establish penalty ranges based on the number of prior DUI convictions the offender has that occurred within the last ten years.
Jail |
10 days to 12 months |
90 days to 12 months |
120 days to 12 months |
Fines |
$300 to $1,000 |
$600 to $1,000 |
$1,000 to $5,000 |
Community Service |
Minimum 20 hours (40 hours if BAC was .08% or more) |
Minimum 30 days |
Minimum 30 days |
All DUI offenders will be placed on probation for 12 months, less any time served in jail. Before starting probation, a DUI offender must serve at least 24 hours in jail for a first offense, 72 hours in jail for a second offense, and 15 days in jail for a third offense.
All convicted motorists must complete an alcohol and drug clinical evaluation and follow any recommended treatment program. Second-time DUI offenders must also complete a DUI alcohol or drug use risk reduction program.
An impaired driver who was transporting a minor passenger can be charged with a separate offense of child endangerment. A child endangerment conviction will add up to 12 months in jail and up to $1,000 in fines to the normal DUI penalties.
Motorists who are convicted of a second DUI within five years must surrender their driver's license plates and will not get them back until their driver's license is reinstated. On a third or subsequent DUI conviction, the judge will order that the vehicle driven during the offense be forfeited and sold.
Certain circumstances can elevate a DUI (which is normally a misdemeanor) to a felony. A DUI can be charged as a felony if:
Felony DUIs carry more severe penalties, including prison time of at least a year.
For a DUI conviction, the driver will face license suspension for a period that is based on the number of convictions within the last five years. However, some drivers are eligible for limited driving privileges during a DUI suspension.
Here are the suspension periods for a first, second, and third DUI and DUIs involving injuries and deaths:
Below we discuss the circumstances under which a driver can obtain a hardship license to drive during a DUI suspension.
Unless the driver had a DUI collision or has a prior DUI within five years, he or she can apply for a hardship license. (Drivers with one prior DUI in the last five years can apply for a hardship license after completing 120 days of their suspension.)
To obtain a hardship license, the driver must be enrolled in treatment or accountability court. The license is effective during the suspension period and requires the use of an ignition interlock device (IID) and is subject to certain restrictions.
All persons who drive in Georgia are considered to have impliedly given their consent to submit to a chemical test of their breath, blood, or urine. A driver who is arrested for a DUI but refuses to submit to a lawful request for a chemical test will be subject to license suspension based on the refusal.
As you'll note, the suspension periods for refusal can be longer than those that apply for DUI convictions.
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