Georgia's DUI Laws and Penalties

Driving under the influence (DUI) is a criminal offense in Georgia. This article covers 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.

(Ga. Code § 40-6-391 (2025).)

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. (Ga. Code § 40-6-391 (2025).)

Georgia's First DUI Penalties

In Georgia, DUI convictions stay on your record for 10 years for sentencing enhancement purposes. For a first DUI in 10 years, you'll generally be facing a misdemeanor conviction and:

• 24 hours to 12 months in jail
• $300 to $1,000 in fines
• a minimum of 20 hours of community service (40 hours minimum if your BAC was .08% or more)
• probation, and
• a 12-month license suspension.

(Ga. Code §§ 40-5-63, 40-6-391 (2025).)

However, some of these penalties might be a little different depending on the specific circumstances.

Georgia's Second DUI Penalties

For a second DUI in 10 years, you'll generally be facing misdemeanor charges and:

• 72 hours to 12 months in jail
• $600 to $1,000 in fines
• a minimum of 30 hours of community service
• probation, and
• a three-year license suspension.

(Ga. Code §§ 40-5-63, 40-6-391 (2025).)

Again, penalties might vary somewhat depending on the specific circumstances of the case.

Georgia's Third DUI Penalties

For a third DUI in 10 years, you'll generally be facing misdemeanor charges and:

• 15 days to 12 months in jail
• $1,000 to $5,000 in fines
• a minimum of 30 hours of community service
• probation, and
• a permanent license revocation.

(Ga. Code §§ 40-5-63, 40-6-391 (2025).)

Permanently revoked drivers can apply for a restricted license after five years. (Ga. Code §§ 40-5-62, 40-5-63 (2025).)

Georgia's Felony DUI Penalties

There are lots of scenarios that can elevate a DUI charge to a felony in Georgia.

Fourth DUI Conviction Is a Felony in Georgia

A fourth DUI conviction is a felony in Georgia, but only DUI convictions within the last ten years are considered. Logically, any subsequent DUI convictions within the ten-year period will also be felonies. (Ga. Code § 40-6-391 (2025).)

A fourth offense DUI carries 90 days to 5 years in prison, $1,000 to $5,000 in fines, and at least five years of supervised probation. The driver's license will also be permanently revoked. A restricted license is generally available after two years, and a license may be reinstated after five years. (Ga. Code §§ 40-5-62, 40-5-63, 40-6-391 (2025).)

DUIs Involving Minor Passengers Can be Felonies in Georgia

A motorist who gets caught driving under the influence for the third time with a minor under the age of 14 in the vehicle can be charged with a felony. A conviction for this offense carries one to five years in prison and at least $10,000 in fines in addition to the DUI penalties. (Ga. Code §§ 16-12-1, 40-6-391 (2025).)

DUIs Involving Accidents Can be Felonies in Georgia

A DUI that results in an accident will often lead to felony charges if someone was injured or killed. These charges are separate from the DUI, so a person can be convicted of a DUI and for causing injury or death and face penalties for both convictions.

Injury under the influence. An impaired driver who causes serious injury to another person can be charged with an offense called "injury by vehicle." An OWI that results in brain damage, loss of limb, or serious disfigurement carries one to 15 years in prison and a fine of up to $100,000. The driver's license will be suspended for three years without the option of a restricted license. (Ga. Code §§ 17-10-8, 40-5-63, 40-6-394 (2025).)

Fatality under the influence. Of course, causing a fatality while under the influence is also a felony. The offense is called "first-degree homicide by vehicle" and will result in three to 15 years in prison and a fine of up to $100,000. The driver's license will be suspended for three years without the option of a restricted license. (Ga. Code §§ 17-10-8, 40-5-63, 40-6-393 (2025).)

Georgia's Under-21 DUI Laws

Underage drivers can be cited for an underage DUI for operating a vehicle with a BAC of .02% or more. (Ga. Code § 40-6-391 (2025).)

For a first offense, there are generally $300 to $1000 in fines, 24 hours to 12 months of jail time, probation, and a minimum of 20 hours of community service. Underage drivers convicted of a per se DUI are required to complete their community service within 60 days of sentencing. (Ga. Code § 40-6-391 (2025).)

For a first offense, an underage driver will receive a six-month license suspension (eight months if the BAC is .08% or higher). The suspension period increases to 18 months for a second offense in five years and a permanent revocation for a third offense in five years. A person whose license is permanently revoked can apply for a restricted license after five years. An underage driver's suspended or revoked license won't be reinstated until the driver completes an alcohol or drug use risk reduction program. (Ga. Code §§ 40-5-57.1, 40-5-62 (2025).)

Additional Penalties for Georgia DUIs

A person convicted of DUI will face penalties in addition to jail, a license suspension, community service, and fines.

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. (Ga. Code § 40-6-391 (2025).)

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. (Ga. Code § 40-6-391 (2025).)

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 won't 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. (Ga. Code §§ 40-2-136, 40-6-391.2 (2025).)

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.

The following penalties are in addition to the DUI penalties:

• First child endangerment conviction: 12 months in jail and up to $1,000 in fines.
• Second child endangerment conviction: 12 months in jail and a fine between $1,000 and $5,000.
• Third offense child endangerment conviction: one to five years in prison and a fine of at least $10,000.

(Ga. Code §§ 16-12-1, 40-6-391 (2025).)

Hardship Licenses Following a DUI Conviction in Georgia

Unless the driver had a DUI collision or has a prior DUI within five years, the driver 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.) (Ga. Code §§ 40-5-63, 40-5-64, 40-5-64.1 (2025).)

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. (Ga. Code §§ 40-5-64, 40-5-64.1 (2025).)

Georgia's Implied Consent Law

All persons who drive in Georgia are considered to have given implied 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 a one-year license suspension based on the refusal. (Ga. Code §§ 40-5-67.1, 40-5-67.2 (2025).)

Getting Help From a DUI Attorney

It never hurts to brush up on the law, but there's no substitute for getting help from a DUI attorney. If you've been arrested for driving under the influence in Georgia, you'll want to get legal assistance as soon as possible. A qualified DUI lawyer can review your case and help you decide on how best to handle your situation.