Georgia DUI Laws & Penalties

Georgia DUI

The Official Code of Georgia Annotated (O.C.G.A) contains several specific statutes referencing DUI offenses in Georgia.  Overall, a Georgia DUI consists of two different types of crimes:

  • DUI by being "Less Safe" (an impaired driver) by alcohol, or drugs;

  • DUI by a test result showing an unlawful blood alcohol level (or Blood Alcohol Concentration, BAC), now 0.08% in the state of Georgia.

The "less safe" provision of Georgia DUI statutes says that the State must prove alcohol and/or other intoxicants caused the driver to be 'less safe'. Being at or over the the legal limit of 0.08% raises the presumption of intoxication.



Georgia First Offense DUI Penalties

  • $300 - $1,000 fine
  • 10 days to 12 months in jail (with at least 24 hours actually being served)
  • 12 months probation
  • 20 to 40 hours community service
  • Drivers license suspension for 12 months upon conviction (early re-instatement possible for a work permit at the 120 day mark if you complete an approved Georgia DUI school and pay the $200 dollar fee)

Georgia Second Offense DUI Penalties

  • 90 days to 12 months in jail (with at least 72 hours being served)
  • $600 - $1,000 fine
  • 240 hours community service
  • DUI School
  • Mandatory Alcohol Evaluation and Treatment
  • Driver license suspension for 3 years; no permit for 12 months; 6 month permit follows
  • 12 months probation (must report)
  • You will get your picture published in the local newspaper (photograph must be published in newspaper)
  • Ignition interlock system mandatory on all cars you own or operate for 6 more months after 12 months with no permit; may obtain limited driving permit for 6 months

Georgia Third or Subsequent Offense DUI Penalties

  • 120 days to 12 months in jail (with at least 72 hours being served)
  • 30 days community service
  • $1,000 - $5,000 fine
  • Driver license suspension for 5 years
  • You will get your picture published in the local newspaper (photograph must be published in newspaper)

Georgia BAC Presumptions

  • BAC levels of .001% to .05%: Not considered to be under the influence
  • BAC levels of .051% to .079%: Not considered under the influence, but is admissible as evidence in court
  • BAC levels of .08% or greater: Presumed to be under the influence

Georgia Implied Consent Laws

  • Chemical testing is allowed. Blood, breath, urine or other bodily substance testing as selected by the arresting officer
  • Officer is required to advise defendant of the penalties for test refusal; license suspension periods; defendants right to have independent testing done and that test refusal is admissible in court
  • Tests resulting in a BAC level of .08% or greater carry a minimum 1 year license suspension
  • Test refusal results in a minimum 1 year license suspension and is admissible in a criminal cases

Chemical Testing

  • All blood, breath or urine testing must be performed by a person with a valid permit that is in accordance with the Division of Forensic Sciences of the Georgia Bureau of Investigation
  • Blood test: Blood draws for police testing purposes must be administered by a licensed physician, registered nurse or other qualified person
  • The defendant has the right to have an independent chemical test done by a qualified person of their choice. All independent testing is done at the defendant's expense
  • Test results must be made available to defendant and defendant's Georgia DUI attorney upon request

Plea Bargaining

  • There are no statutory provisions regarding plea bargaining

What Happens if You Refuse A Chemical Test in Georgia ?

If you refuse to submit to a chemical test in the state of Georgia your GA drivers license will be suspended for a period of 12 months pursuant to Georgia Administrative License Suspension vehicle code 40-5-67.1 G for a 1st offense.

In either instance, whether you are found to have an unlawful blood alcohol concentration (BAC) or you refuse to submit to a chemical test your GA drivers license will be suspended as indicated above. In this instance you only have 10 business days from the day of the arrest to request a DMV Hearing to prevent the administrative license suspension (ALS) from occurring. 

You do not need a lawyer to do this. You can simply follow the directions included in the paperwork you were given when you were arrested. The 10 day deadline is critical, you must schedule the hearing before this deadline to save your driving privileges. Normally, you can call the telephone number indicated on the temporary paper license (DMVS Form 1205) and schedule the hearing. Don't wait, do it right away.

No matter if you are a first time offender or a repeat offender, your Georgia DUI will carry serious consequences for your insurance premiums. You will either find that you are dropped by your insurance provider, or you will find that your premium cost skyrockets. This can even affect your family members that are on your insurance policy.

DUI Arrest Help.com has partnered with the largest and most trusted SR22 insurance provider in the state of Georgia and has worked out a special discount only available here for our website visitors.

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Additional Georgia DUI Resources

  • Georgia DUI First Offense -  Detailed first offense information including punishments after a first offense DUI in Georgia.

  • Georgia SR22 Insurance -  Learn everything you need to know about Georgia SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your GA SR22 insurance.

  • Georgia DUI Lawyers -   Contact one of our Georgia DUI lawyers today.

  • Georgia Risk Reduction Programs -   We offer a complete listing of Georgia approved alcohol treatment & risk reduction programs.