Georgia · DUI · Checked October 2026

Georgia DUI Penalties: First, Second and Third Offense

Georgia DUI Penalties: What Are the Rules?

Georgia sets DUI penalties by offense, and they rise with each conviction.

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
Lookback period
10 years

Georgia DUI Penalties by Offense

DUI penalties in Georgia
PenaltyFirst offenseSecond offenseThird offense
Chargemisdemeanormisdemeanorhigh and aggravated misdemeanor
Jail10 days to 12 months; with a BAC of 0.08 or more, the judge may suspend, stay or probate all but 24 hours90 days to 12 months; at least 72 hours must be served in jail, and the judge must probate at least part of the term120 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 suspension12-month suspension; eligible for early reinstatement after 120 days with a DUI Alcohol or Drug Use Risk Reduction Program certificate; limited driving permit availablesecond 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 hardshipthird 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 interlock1 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 courta habitual violator probationary license after alcohol DUI convictions is restricted to vehicles with an ignition interlock device

Other First Offense Penalties in Georgia

  • at least 40 hours of community service
  • DUI Alcohol or Drug Use Risk Reduction Program, completed within 120 days of conviction (or within 90 days of release if you are jailed)
  • 12 months of probation, less any days actually served in jail, if sentenced to less than 12 months
  • clinical evaluation and, if recommended, a substance abuse treatment program (the judge may waive the evaluation)
  • a plea of nolo contendere counts as a conviction for sentencing

Official source: other first offense penalties (Georgia)

Other Second Offense Penalties in Georgia

  • at least 30 days of community service
  • DUI Alcohol or Drug Use Risk Reduction Program within 120 days of conviction
  • clinical evaluation and, if recommended, a substance abuse treatment program
  • 12 months of probation, less any days actually served in jail
  • the clerk publishes a notice of conviction with your photograph in the county legal organ (second conviction within 5 years)

Official source: other second offense penalties (Georgia)

Other Third Offense Penalties in Georgia

  • at least 30 days of community service
  • DUI Alcohol or Drug Use Risk Reduction Program within 120 days of conviction
  • clinical evaluation and, if recommended, a substance abuse treatment program
  • 12 months of probation, less any days actually served in jail
  • driving during the habitual violator revocation after 3 or more DUI convictions in 5 years is the felony of habitual impaired driving: a fine of at least $1,000, 1 to 5 years in prison, or both

Official source: other third offense penalties (Georgia)

When Penalties Are Higher in Georgia

  • 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)
  • 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.

Official source: when penalties are higher (Georgia)

When a DUI Is 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 drivingO.C.G.A. § 40-6-391(c)(4), (c)(7); § 40-5-58(c)(2)

Official source: when a dui is a felony (Georgia)

How Far Back Prior Offenses Count in Georgia

10 years. Criminal penalties count prior DUI convictions and accepted nolo contendere pleas within 10 years, measured from the dates of the previous arrests to the date of the current arrest. License sanctions use a 5-year window (a second conviction in 5 years brings a 3-year suspension; three in 5 years makes you a habitual violator).O.C.G.A. § 40-6-391(c)(1)-(4) (2008 Ga. Laws HB 336); § 40-5-63(a)(2); § 40-5-58(a)

Official source: how far back prior offenses count (Georgia)

More on DUI Law in Georgia

See the full overview of DUI laws in Georgia and read about first-offense DUI penalties across the states.

This page summarizes Georgia law from official sources, checked October 2026. It isn't legal advice; 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.

What Is the Penalty for a Second DUI in Georgia?

Jail: 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. Fine: $600 to $1,000. License suspension: 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.

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

  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)
  2. Penalties: O.C.G.A. § 40-6-391(l) (as revised by 2013 Ga. Laws HB 242)

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