Georgia DUI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of DUI in Georgia
Georgia DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
If you've been charged with DUI in Georgia, the law allows only 10 days for a Georgia DUI Lawyer to make a request with the Georgia DMV (Department of Motor Services) for a hearing to help save your drivers license.
What are the penalties for DUI in Georgia?
The penalties for driving under the influence in Georgia will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
GA DUI Penalties
Georgia is a state with a 5 year 'washout period' also known as a 'look back period'
NOTE: Out of State Convictions
Under the laws of Georgia, out of state convictions will be counted as prior offenses.
1st DUI Offense - Misdemeanor
The penalty upon conviction of a first DUI offense in Georgia:
- Fines: $300 to $1,000 (if economic hardship may be caused to defendant, the judge at his/her sole discretion may allow payment by installments or suspend up to half the fine upon condition that the defendant undergoes treatment in a substance abuse treatment program
- Imprisonment: 10 days to 12 months in jail (the judge may suspend, stay or probate all but 24 hours of any jail term imposed)
- Drivers License Suspension: 12 months drivers license suspension (may be eligible for an ignition interlock device limited extreme hardship driving permit immediately, must provide certificate of eligibility from a court program or proof of enrollment in clinical treatment program. Can apply for full reinstatement of drivers license after a period of 120 days and after successful completion of a DUI alcohol or drug use risk reduction program)
- No less than 40 hours of community service
- Must complete DUI alcohol or drug use risk reduction program
- Possible clinical evaluation and treatment as required
- Possible attendance at substance abuse treatment program
- If imprisoned for less than 12 months, will be sentence to a period of probation for 12 months (less any days a person in incarcerated)
- GA SR22 Insurance (proof of financial responsibility) Requirement
INCREASED PENALTY AT BAC of 0.15% or more
Anyone convicted of a first DUI with a BAC (blood alcohol content) of 0.15% or more will receive the same sentence as those convicted of a second DUI as outlined below.
2nd DUI Offense - Misdemeanor
The penalty upon conviction of a second DUI offense in Georgia:
- Fines: $600 to $1,000 (if economic hardship may be caused to defendant, the judge at his/her sole discretion may allow payment by installments or suspend up to half the fine upon condition that the defendant undergoes treatment in a substance abuse treatment program
- Imprisonment: 90 days to 12 months in jail (the judge may suspend, stay or probate all but 72 hours of any jail term imposed)
- Drivers License Suspension: 18 months drivers license suspension (may be eligible to apply for an ignition interlock device limited extreme hardship driving permit after serving at least 120 days suspension, must provide certificate of eligibility from a court program or proof of enrollment in clinical treatment program. An ignition interlock device limited driving permit will be valid for a period of 1 year)
- Ignition Interlock: may be required to have an ignition interlock device installed on all vehicles owned and operated by the offender for a minimum period of 1 year upon license restoration
- No less than 30 days of community service
- Must complete DUI alcohol or drug use risk reduction program
- Clinical evaluation and treatment as required
- Possible attendance at substance abuse treatment program
- Placed on probation for 12 months (less any days a person in incarcerated)
- GA SR22 Insurance (proof of financial responsibility) Requirement
3rd DUI Offense - High & Aggravated Misdemeanor
DECLARED HABITUAL VIOLATOR
The penalty upon conviction of a third DUI offense in Georgia:
- Fines: $1,000 to $5,000 (if economic hardship may be caused to defendant, the judge at his/her sole discretion may allow payment by installments or suspend up to half the fine upon condition that the defendant undergoes treatment in a substance abuse treatment program
- Imprisonment: 120 days to 12 months in jail (the judge may suspend, stay or probate all but 15 days of any jail term imposed)
- Drivers License Revocation: 5 years drivers license revocation (under certain circumstances may be issued a probationary ignition interlock hardship drivers license after a period of 2 years has expired since revocation, such a license will become invalid upon expiration of full revocation period)
- Ignition Interlock: may be required to have an ignition interlock device installed on all vehicles owned and operated by the offender for a minimum period of 1 year upon license restoration
- Possible forfeiture of motor vehicle
- No less than 30 days of community service
- Must complete DUI alcohol or drug use risk reduction program
- Clinical evaluation and treatment as required
- Possible attendance at substance abuse treatment program
- Declared as habitual offender
- Placed on probation for 12 months (less any days a person in incarcerated)
- GA SR22 Insurance (proof of financial responsibility) Requirement
4th (& subsequent) DUI Offense - Felony
NOTE: A fourth DUI conviction in Georgia is a Felony if within 10 years of previous convictions.
DECLARED HABITUAL VIOLATOR
The penalty upon conviction of a fourth or subsequent DUI offense in Georgia:
- Fines: $1,000 to $5,000 (if economic hardship may be caused to defendant, the judge at his/her sole discretion may allow payment by installments or suspend up to half the fine upon condition that the defendant undergoes treatment in a substance abuse treatment program
- Imprisonment: 1 to 5 years in jail (the judge may suspend, stay or probate all but 90 days of any jail term imposed)
- Drivers License Revocation: 5 years drivers license revocation (under certain circumstances may be issued a probationary ignition interlock hardship drivers license after a period of 2 years has expired since revocation, such a license will become invalid upon expiration of full revocation period)
- Ignition Interlock: may be required to have an ignition interlock device installed on all vehicles owned and operated by the offender for a minimum period of 1 year upon license restoration
- Possible forfeiture of motor vehicle
- No less than 60 days of community service
- Must complete DUI alcohol or drug use risk reduction program
- Clinical evaluation and treatment as required
- Possible attendance at substance abuse treatment program
- Declared as habitual offender
- Placed on probation for 5 years (less any days a person in incarcerated)
- GA SR22 Insurance (proof of financial responsibility) Requirement
Implied Consent (Chemical Testing) Laws
It is an offense to refuse to submit to a chemical test in Georgia and implied consent laws are enforced.
Chemical Test Refusal Penalties - Georgia
In the State of Georgia, if the accused refuses to take a chemical test of their blood, breath or urine, they will be arrested for DUI and their drivers license will be suspended/revoked. The fact that a chemical test was refused may be used in evidence against a defendant on trial for DUI.
In addition to penalties for DUI, the penalties for refusing to submit to a chemical test in Georgia are:
First Chemical Test Refusal
- Drivers License Suspension: Minimum 1 year drivers license suspension (may apply for reinstatement of drivers license after 30 days following the effective date of suspension if a person has completed a DUI alcohol or drug use risk reduction program and pays the required restoration fees)
- GA SR22 Insurance (proof of financial responsibility) Requirement
Second Chemical Test Refusal
- Drivers License Suspension: 3 years drivers license suspension (may apply for reinstatement of drivers license after 18 months following the effective date of suspension if a person has completed a DUI alcohol or drug use risk reduction program and pays the required restoration fees)
- GA SR22 Insurance (proof of financial responsibility) Requirement
Third (or subsequent) Chemical Test Refusal
- Drivers License Suspension: 5 years drivers license suspension (under certain circumstances may be issued a probationary drivers license after a period of 2 years has expired since revocation, such a license will become invalid upon expiration of full revocation period)
- GA SR22 Insurance (proof of financial responsibility) Requirement
What is the legal alcohol limit in Georgia
The maximum legal BAC (blood alcohol content) limits in Georgia for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Georgia it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of Georgia it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Georgia it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.
It is an offense to refuse to submit to a chemical test in Georgia and implied consent laws are enforced.
