Georgia's DUI Laws and Penalties

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's DUI Laws

Georgia DUI laws prohibit driving or being in actual physical control of a vehicle:

• with a blood alcohol content (BAC) of .08% or greater (.04% or more if the driver is operating a commercial vehicle and .02% or more if the driver is under 21 years old)
• while "under the influence" of any alcohol, drug, or controlled substance, or
• with any amount of marijuana or illegal drugs in your blood or urine.

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.

Georgia's DUI Penalties for a 1st, 2nd, and 3rd Offense

After a DUI conviction, the judge will determine the jail and fine within the statutory guidelines.

How Long Prior DUI Convictions Stay on Your Record in Georgia

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 Time, Fines, and Community Service for Georgia DUIs

	1st Offense	2nd Offense	3rd Offense
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

DUI Probation in Georgia

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.

Substance Abuse Treatment for a Georgia DUI Conviction

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.

Enhanced DUI Penalties for Minor Passengers

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.

Vehicle Forfeiture for Repeat DUI Offenses

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.

Felony DUI Charges in Georgia

Certain circumstances can elevate a DUI (which is normally a misdemeanor) to a felony. A DUI can be charged as a felony if:

• it's the driver's fourth or subsequent DUI conviction within ten years
• the driver attempts to evade an officer while under the influence, or
• the driver causes serious injury or death to another person (including an unborn fetus).

Felony DUIs carry more severe penalties, including prison time of at least a year.

Driver's License Penalties for Georgia DUIs

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.

License Suspension and Education Programs for DUI Convictions

Here are the suspension periods for a first, second, and third DUI and DUIs involving injuries and deaths:

• First offense. 12-month suspension but may be reinstated after 120 days if the driver completes a DUI education program and pays a $200 reinstatement fee.
• Second offense. Three-year suspension but may be reinstated after 18 months if the driver completes a DUI education program and pays a $200 reinstatement fee.
• Third offense. Permanent revocation but the driver can apply for a probationary license after three years.
• Injury or death DUI. Three-year suspension and the driver is ineligible for early reinstatement and a hardship license.

Below we discuss the circumstances under which a driver can obtain a hardship license to drive during a DUI suspension.

Hardship Licenses Following a DUI Conviction in Georgia

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.

Georgia's Implied Consent Law

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.

• First offense in five years. One-year suspension but the driver can reinstate after 30 days and completion of a DUI education program.
• Second offense in five years. Three-year suspension but the driver can reinstate after 18 months and completion of a DUI education program.
• Third offense in five years. Five-year suspension, but the driver can get a probationary license after two years and completion of a DUI education program.

As you'll note, the suspension periods for refusal can be longer than those that apply for DUI convictions.