Georgia DUI & DWI Laws
In Georgia, a person can be arrested for a “Driving Under the Influence,” or DUI if their blood alcohol concentration (BAC) is .08% or higher. A DUI, or driving under the influence, is a drunk driving conviction where the BAC is above the legal alcohol limit, rendering the driver legally impaired.
The legal limit in Georgia is as follows:
- Standard, non-commercial drivers: 0.08% BAC
- Commercial drivers: 0.04% BAC
- Drivers under 21: 0.02% BAC
Penalties, Fines, & Suspension
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Penalties, Fines, & Suspension |
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| Penalty | 1st offense | 2nd offense |
3rd offense |
| Sentence | Mandatory 24 hours
Up to 1 year in jail |
Mandatory 48 hours
Possible 90 days-1 year |
Mandatory 15 days |
| Fine | $300-$1,000 | $600-$1,000 | $1,000-$5,000 |
| Driver’s License Suspension | 1 year suspension | Up to 3 years suspension | Up to 5 years revocation |
| Additional Penalties | Mandatory 40 hours of community service; $210 license reinstatement fee | Mandatory 30 hours of community service;
$210 license reinstatement fee; Mandatory clinical evaluation and possible substance abuse |
Mandatory 30 hours of community service;
$210 license reinstatement fee; Mandatory clinical evaluation and possible substance abuse |
Chemical Test Refusal
Georgia is an “implied consent” state, which means that anyone with a Georgia driver’s license has agreed to take a chemical test, such as a breath analyzer, if arrested or stopped for a DWI. If you do not comply with the chemical test, the state can suspend a person’s driving privileges. If a person refuses a chemical test multiple times, the punishment is increased. All driver’s license are subject to driver’s license suspension for chemical test refusal is in addition to any punishment for the DUI conviction.
Ignition Interlock
Ignition Interlock devices are required for repeat offenders in Georgia. A driver is required to have a dashboard breath tester installed in their vehicle for the second offense and other following DUI convictions. This device only allows the driver to operate the vehicle after passing a breath anayzler test. The installation and maintenance fees are the responsibility of the driver.
Criminal Record
In Georgia, a DUI can stay on your record for up to 10 years. That means that the courts can (and, likely, will) use a previous DUI conviction to increase penalties in the event of another DUI. After the 4th offense, and any subsequent offense, a DUI is automatically considered a felony charge.
More on GA DUI Laws:
Georgia’s Impaired Driving Laws and Penalties: http://www.gahighwaysafety.org/highway-safety/impaired-driving-laws/
Georgia’s DUI Laws: http://www.gahighwaysafety.org/highway-safety/dui-laws/
Georgia Department of Driver Services – Frequently Asked Questions – DUI: http://www.dds.ga.gov/FAQs/Index.aspx?FAQCategoryID=13