Georgia · DUI · Checked October 2026
DUI Laws in Georgia
What Happens if You Get a DUI in Georgia?
Georgia calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.
- License hearing deadline
- 30 days to challenge your license suspension
- First offense jail
- 10 days to 12 months; with a BAC of 0.08 or more, the judge may suspend, stay or probate all but 24 hours
- First offense fine
- $300 to $1,000
- First offense license
- 12-month suspension; eligible for early reinstatement after 120 days with a DUI Alcohol or Drug Use Risk Reduction Program certificate; limited driving permit available
- Felony
- A fourth or later DUI conviction within 10 years, measured from the dates of previous arrests, counting only convictions or nolo contendere pleas on or after July 1, 2008; driving during a habitual violator revocation after 3 or more DUI convictions in 5 years is the separate felony of habitual impaired driving
Georgia DUI Laws: Key Facts
- Legal limit (adults)
- 0.08 BACO.C.G.A. § 40-6-391; § 40-5-67.1
- Commercial drivers (CDL)
- 0.04 BAC
- Drivers under 21
- 0.02 BAC (a driver under 21 is irrefutably considered under the influence of alcohol at 0.02 grams or more)
- Lookback period
- 10 years
Georgia DUI Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | misdemeanor | misdemeanor | high and aggravated misdemeanor |
| Jail | 10 days to 12 months; with a BAC of 0.08 or more, the judge may suspend, stay or probate all but 24 hours | 90 days to 12 months; at least 72 hours must be served in jail, and the judge must probate at least part of the term | 120 days to 12 months; at least 15 days must be served in jail, and the judge must probate at least part of the term |
| Fine | $300 to $1,000 | $600 to $1,000 | $1,000 to $5,000 |
| License suspension | 12-month suspension; eligible for early reinstatement after 120 days with a DUI Alcohol or Drug Use Risk Reduction Program certificate; limited driving permit available | second conviction within 5 years (measured from arrest dates): 3-year suspension; you may apply for reinstatement after 18 months, and reinstatement requires a DUI Risk Reduction Program and 1 year on an ignition interlock limited permit unless waived for financial hardship | third conviction within 5 years (measured from arrest dates): declared a habitual violator with a 5-year revocation; a probationary license may be issued after 2 years if you meet the conditions, including extreme hardship |
| Ignition interlock | 1 year with an ignition interlock device on an ignition interlock limited driving permit before reinstatement, unless waived for financial hardship; when you are granted probation, the court issues a certificate for an interlock permit requiring at least 1 year of interlock in every vehicle you drive and at least 120 days in a substance abuse treatment program or accountability court | a habitual violator probationary license after alcohol DUI convictions is restricted to vehicles with an ignition interlock device |
First offense: O.C.G.A. § 40-6-391(c)(1) (as revised by 2008 Ga. Laws HB 336; (c)(1)(D) revised by 2014 Ga. Laws SB 298); § 40-6-391(c)(6); § 40-5-63(a)(1) · Second offense: O.C.G.A. § 40-6-391(c)(2), (j)(1) (2008 Ga. Laws HB 336; 2010 HB 898; 2014 SB 298); § 40-5-63(a)(2) and § 42-8-111(a) (as revised by 2016 Ga. Laws HB 205) · Third offense: O.C.G.A. § 40-6-391(c)(3) (2008 Ga. Laws HB 336; 2014 SB 298); § 40-5-58(a), (c)(2), (d) (as revised by 2021 Ga. Laws HB 534)
When Penalties Are Higher
- child under 14 in the vehicle: a separate offense of endangering a child by driving under the influence for each child, not merged with the DUI for prosecution or sentencing, punished under O.C.G.A. § 16-12-1(d)O.C.G.A. § 40-6-391(l) (as revised by 2013 Ga. Laws HB 242)
- fourth or later DUI conviction within 10 years (measured from arrest dates): felony: fine $1,000 to $5,000; 1 to 5 years in prison, of which the judge may suspend all but 90 days; at least 60 days of community service (may be suspended with 3 years of actual prison); Risk Reduction Program; clinical evaluation; 5 years of probation less time served. Only convictions or nolo pleas on or after July 1, 2008 count toward the felony.O.C.G.A. § 40-6-391(c)(4), (c)(7) (2008 Ga. Laws HB 336)
More on Georgia DUI penalties · Estimate penalties for your situation
If You Refuse a Breath or Blood Test
license suspended for 1 year with no regular limited permit; the refusal suspension also makes a first-DUI offender ineligible for a limited permit; refusal to submit to blood or urine testing may be offered into evidence at trialO.C.G.A. § 40-5-55; § 40-5-67.1
Official source: if you refuse a breath or blood test in Georgia
Getting a Limited Driving Permit
Available after a first DUI conviction in 5 years and during a first administrative suspension; $25, valid one year. Permits restrict driving to work, scheduled medical care and prescriptions, school, support or treatment programs, court, probation or community service, and transporting unlicensed immediate family members, and are not valid in a commercial vehicle. A second conviction in 5 years allows only an ignition interlock limited permit after a 120-day hard suspension. Not available for a refusal suspension (except an ignition interlock limited permit for drivers 21+) or a third conviction (habitual violator).
Official source: getting a limited driving permit in Georgia
Ignition Interlock
Repeat offenses: second DUI conviction within 5 years: 12 months on an ignition interlock limited permit (incidents on or after July 1, 2013) before reinstatement, unless the court exempts the person for undue financial hardship (12-month hard suspension instead) Ignition interlock limited driving permits under O.C.G.A. § 40-5-64.1 require age 21 or over and a Georgia license, are valid for one year, and are revoked for tampering, failing to report for monitoring, or removing the device early; revocation bars reinstatement for 6 months.
Drivers Under 21
a driver under 21 is irrefutably considered under the influence at 0.02 or more; DUI convictions for drivers under 21 carry mandatory license suspensions with no limited permit first conviction in 5 years: 6 months if BAC was under 0.08, no test was given or results were suppressed (12 months with a previous under-21 suspension); 12 months if BAC was 0.08 or more or the driver refused testing; second conviction in 5 years: 18 months; third in 5 years: habitual violator
Driving After Using Drugs
yes: O.C.G.A. § 40-6-391 covers alcohol, drugs (prescription or illegal) and any other substance that impairs safe driving, with separate subsections (a)(2), (a)(4) and (a)(6) for drug DUI; license sanctions for drug DUI follow O.C.G.A. § 40-5-75 (180 days first, 1 year second, habitual violator third, within 5 years)
More on DUI Law in Georgia
For the state's own guidance, see Georgia Department of Driver Services: Administrative License Suspension (ALS) Hearing Requests.
This page summarizes Georgia law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Georgia can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First DUI in Georgia?
Jail: 10 days to 12 months; with a BAC of 0.08 or more, the judge may suspend, stay or probate all but 24 hours. Fine: $300 to $1,000. License suspension: 12-month suspension; eligible for early reinstatement after 120 days with a DUI Alcohol or Drug Use Risk Reduction Program certificate; limited driving permit available.
How Long Do You Have to Request a License Hearing in Georgia?
30 days. How it is counted: the issuance or service date of the notice of intent to suspend (DDS Form 1205 or 1205S); the request must be received or postmarked within 30 calendar days. Submit an ALS hearing request with the $150 nonrefundable fee to the Georgia Department of Driver Services through DDS Online Services, by mail, or at a DDS Customer Service Center (no fax); the case is docketed with the Office of State Administrative Hearings. Alternatively, a driver 21 or older can apply for an ignition interlock limited driving permit within the same 30 days, which waives the hearing. If you miss it, the suspension usually takes effect automatically.
When Is a DUI a Felony in Georgia?
a fourth or later DUI conviction within 10 years, measured from the dates of previous arrests, counting only convictions or nolo contendere pleas on or after July 1, 2008; driving during a habitual violator revocation after 3 or more DUI convictions in 5 years is the separate felony of habitual impaired driving
Sources
- Blood alcohol limits: O.C.G.A. § 40-6-391; § 40-5-67.1
- Penalties: O.C.G.A. § 40-6-391(c)(1) (as revised by 2008 Ga. Laws HB 336; (c)(1)(D) revised by 2014 Ga. Laws SB 298); § 40-6-391(c)(6); § 40-5-63(a)(1)
- Penalties: O.C.G.A. § 40-6-391(l) (as revised by 2013 Ga. Laws HB 242)
- Implied consent: O.C.G.A. § 40-5-55; § 40-5-67.1
- Hardship license
- Official DUI information