Georgia DUI Laws and Penalties
Explained
Georgia enforces some of the strictest DUI laws in the United States. Understanding the Peach State's driving under the influence regulations, penalties, and legal processes is crucial for all drivers. This comprehensive guide covers everything you need to know about Georgia DUI laws, from first offense consequences to felony charges.
An Overview of Georgia DUI Laws
Georgia's DUI statute is codified under O.C.G.A. § 40-6-391, which prohibits driving or being in actual physical control of a motor vehicle while under the influence of alcohol, drugs, or other intoxicating substances. The state uses a comprehensive approach to combat impaired driving through both criminal penalties and administrative license actions.
Legal Blood Alcohol Concentration (BAC) Limits:
• Adult drivers (21 and older): 0.08% BAC
• Commercial drivers: 0.04% BAC
• Drivers under 21: 0.02% BAC (Zero Tolerance Law)
Types of DUI Charges in Georgia:
• DUI Per Se: BAC at or above the legal limit
• DUI Less Safe: Impaired driving regardless of BAC level
• DUI Drugs: Impairment from illegal drugs, prescription medications, or over-the-counter substances
• DUI Marijuana: Impairment from cannabis products
An Overview of Georgia DUI Penalties
Under Georgia law (OCGA § 40-6-391), DUI penalties can include hefty fines, possible jail time, license suspension, and the installation of an ignition interlock device, with the severity depending on your history and specific situation.
These consequences can have a lasting impact on your driving privileges, job prospects, and financial stability. Whether you're looking for general information or dealing with DUI charges, it's important to understand Georgia's tough laws and the increasing penalties that come with each offense.
Specific Penalties for a DUI in Georgia
Georgia DUI Fine Schedule
Georgia DUI fines escalate with each offense within the 10-year lookback period. First offenses range from $300-$1,000, while repeat offenses face substantially higher penalties. Enhanced BAC levels (0.15% or higher) and aggravating factors can increase fine amounts. All fines are in addition to court costs, surcharges, and other associated expenses.
First Offense
Second Offense
Third Offense
Fourth Offense (Felony)
Georgia Imprisonment Terms
Georgia DUI imprisonment terms become progressively more severe with each subsequent offense within the 10-year lookback period. First offenses carry mandatory minimum 24-hour jail time, while repeat offenses have increasingly longer mandatory minimums. Fourth and subsequent offenses become felonies with potential prison sentences of 1-5 years.
First Offense
- 24 hours to 12 months imprisonment (minimum 24 hours mandatory)
- BAC 0.15+ or child endangerment: Enhanced minimum terms
Second Offense
- 72 hours to 12 months imprisonment (minimum 72 hours mandatory)
- BAC 0.15+ or child endangerment: Enhanced minimum terms
Third Offense
- 15 days to 12 months imprisonment (minimum 15 days mandatory)
- BAC 0.15+ or child endangerment: Enhanced minimum terms
Fourth Offense (Felony)
- 1 to 5 years prison (felony charge)
- Enhanced penalties for habitual violator classification
Georgia Vehicle Impoundment/Immobilization
Georgia law allows for vehicle impoundment and potential forfeiture in DUI cases, particularly for repeat offenders. Third-time offenders may face vehicle forfeiture proceedings, and habitual violators are subject to additional vehicle-related penalties. Vehicle owners are responsible for all towing and storage fees during impoundment periods.
Unless the family has no other transportation:
Georgia Driver License Revocation Periods
Georgia imposes both administrative and criminal license suspensions for DUI offenses. Administrative suspensions can be challenged within 30 days of arrest, while criminal suspensions follow conviction. The state's 30-day deadline for administrative hearings is strictly enforced, with ignition interlock devices available as an alternative to suspension for eligible first-time offenders.
First Offense
- • 12 months suspension (limited permit available immediately)
- • Enhanced: Test refusal: 1 year suspension
Second Offense
- • 3 years suspension (limited permit after 18 months)
- • Enhanced: Test refusal: 3 years suspension
Third Offense
- • 5 years suspension (limited permit after 2 years)
- • Enhanced: Habitual violator declaration
Fourth Offense (Felony)
- • 5 years minimum revocation
- • Enhanced: Habitual violator classification with additional restrictions
Serious DUI Offenses in Georgia
Georgia treats DUI-related fatalities as serious felonies with substantial prison time and fines. Vehicular homicide charges carry severe consequences, and if the driver flees the scene, penalties become even more severe. These cases demonstrate how Georgia distinguishes common DUI charges from those involving loss of life. The legal consequences reflect the permanent damage caused by impaired driving decisions.
DUI Manslaughter
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Vehicular Homicide
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Georgia Ignition Interlock Law and Device Guidelines
Georgia law mandates ignition interlock devices for certain DUI convictions, with requirements varying based on offense level and blood alcohol content. First-time offenders with high BAC levels may be required to install ignition interlock devices. Repeat offenders face mandatory ignition interlock requirements for extended periods.
The device must be installed by a state-approved provider and requires regular maintenance and monitoring. All costs associated with the ignition interlock device, including installation, monthly monitoring fees, and removal, are the responsibility of the offender. Tampering with or circumventing the device constitutes a separate criminal offense under Georgia law.
For complete statutory language and the most current information, please refer to:
OCGA § 40-6-391Georgia Department of Driver Services
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