Georgia DUI Laws & Penalties
Last reviewed:
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%).
- Lookback period: 10 years. 10-year lookback measured by arrest dates for criminal enhancement; 5-year window governs administrative license consequences. A DUI with a child under 14 in the car is a separate child-endangerment DUI count.
- Primary statute: O.C.G.A. § 40-6-391
No per-se enhanced-BAC tier; aggravation comes from priors ('high and aggravated misdemeanor' at third offense) and child-endangerment counts.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | misdemeanor | 10 days – 12 months; mandatory min 24 hours if BAC 0.08+ (remainder typically probated) | $300–$1,000 (plus statutory surcharges that roughly double the total) | up to 1 year; reinstatement possible after 120 days with Risk Reduction Program – 1 year; hardship: limited driving permit available for most first offenders | Not required |
| Second offense | misdemeanor | 90 days – 12 months; mandatory min 72 hours | $600–$1,000 (plus surcharges) | 18 months (120-day hard suspension, then IID-restricted limited permit) – 18 months; hardship: IID limited permit after 120 days | Required |
| Third offense | high and aggravated misdemeanor | 120 days – 12 months; mandatory min 15 days | $1,000–$5,000 (plus surcharges) | 5-year revocation (habitual violator) – 5 years; hardship: probationary license possible after 2 years | Required |
| Fourth+ offense | felony (for offenses after July 1, 2008 priors) | 1 year – 5 years; mandatory min 90 days | $1,000–$5,000 (plus surcharges) | 5-year revocation – 5 years; hardship: as third offense | Required |
First offense
- Classification: misdemeanor
- Jail: 10 days – 12 months; mandatory min 24 hours if BAC 0.08+ (remainder typically probated)
- Fine: $300–$1,000 (plus statutory surcharges that roughly double the total)
- License suspension: up to 1 year; reinstatement possible after 120 days with Risk Reduction Program – 1 year; hardship: limited driving permit available for most first offenders
- Alternative disposition: No statutory diversion for DUI; nolo contendere plea once per 5 years can avoid license suspension for some offenders 21+ (court's discretion).
- Also mandatory: 40 hours community service, DUI Alcohol/Drug Risk Reduction Program, clinical evaluation if priors, 12 months probation (less jail served).
Second offense
- Classification: misdemeanor
- Jail: 90 days – 12 months; mandatory min 72 hours
- Fine: $600–$1,000 (plus surcharges)
- License suspension: 18 months (120-day hard suspension, then IID-restricted limited permit) – 18 months; hardship: IID limited permit after 120 days
- Interlock: IID 12 months on the limited permit for a second offense within 5 years (financial-hardship exemption possible).
- Also: 30 days community service, clinical evaluation + treatment, license-plate surrender, court-ordered publication of conviction notice + photo in county newspaper.
Third offense
- Classification: high and aggravated misdemeanor
- Jail: 120 days – 12 months; mandatory min 15 days
- Fine: $1,000–$5,000 (plus surcharges)
- License suspension: 5-year revocation (habitual violator) – 5 years; hardship: probationary license possible after 2 years
- Habitual violator status; potential vehicle forfeiture; newspaper publication; 30 days community service.
Fourth+ offense
- Classification: felony (for offenses after July 1, 2008 priors)
- Jail: 1 year – 5 years; mandatory min 90 days
- Fine: $1,000–$5,000 (plus surcharges)
- License suspension: 5-year revocation – 5 years; hardship: as third offense
- Fourth within 10 years (counting only post-2008 offenses) = felony.
Refusing a chemical test (implied consent)
1-year administrative license suspension ('ALS') for refusal, with NO limited permit — often worse than failing the test. 30-day window (10 business days under older rule; now 30 days) to request an ALS hearing or install IID election. Refusal of a breath test cannot be used as evidence per GA Supreme Court (Elliott v. State, 2019) — blood/urine refusal analysis differs.
Breath-test refusal inadmissible at trial under the GA Constitution (Elliott v. State, 306 Ga. 559 (2019)) — a distinctive GA fact; verify current appeal-window days at page QC.
Statute: O.C.G.A. §§ 40-5-55, 40-5-67.1
Ignition interlock
IID required for repeat offenders within 5 years (12 months on limited permit); first offenders arrested for DUI may elect IID installation in lieu of the ALS hearing path. Financial-hardship exemption exists.
Statute: O.C.G.A. §§ 42-8-110 et seq., 40-5-64.1
Frequently asked questions
What is the penalty for a first DUI in Georgia?
A first DUI in Georgia is a misdemeanor. Jail: 10 days – 12 months; mandatory min 24 hours if BAC 0.08+ (remainder typically probated). Fine: $300–$1,000 (plus statutory surcharges that roughly double the total). License suspension: up to 1 year; reinstatement possible after 120 days with Risk Reduction Program – 1 year; hardship: limited driving permit available for most first offenders.
What is the legal BAC limit in Georgia?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does Georgia look back at prior DUI offenses?
10 years. 10-year lookback measured by arrest dates for criminal enhancement; 5-year window governs administrative license consequences. A DUI with a child under 14 in the car is a separate child-endangerment DUI count.