Georgia DUI Laws
Created by FindLaw's team of legal writers and editors | Last updated October 25, 2018
Driving under the influence (DUI) of drugs or alcohol is extremely dangerous and can result in the death of the driver, passengers, and/or other motorists. But even if no one is hurt, getting convicted of drunk driving will cost you plenty of time and money, and perhaps even your freedom. In Georgia, a first DUI offense will land you in jail for at least 24 hours, assuming your blood alcohol concentration (BAC) was at least 0.08 percent (keep in mind that you still may be charged even if your BAC is lower than the 0.08 percent limit, if impairment is apparent). First-time offenders also will lose their driver's license for one year, be required to complete at least 40 hours of community service, and be subject to other penalties.
It's in your best interest to avoid a Georgia DUI charge in the first place, obviously. But knowing the law is the first step in defending yourself in court if you have been charged. Below is a summary of Georgia DUI laws, including links to related resources.
Georgia DUI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent |
|
"Per Se" BAC Limit | 0.08 Percent |
Zero Tolerance (Underage) BAC Limit | 0.02 Percent |
Enhanced Penalty (Aggravated) BAC Limit | 0.15 Percent |
Implied Consent to Submit to BAC Test? |
Yes |
Georgia DUI Laws: Select Penalties |
|
Minimum License Suspension or Revocation (1st, 2nd, 3rd offense) |
1 year, 120 days*, 5 years |
Mandatory Alcohol Education, Assessment and Treatment | Both |
Vehicle Confiscation Possible? |
Yes |
Ignition Interlock Device Possible? |
Yes |
*120-day "hard" suspension, followed by the opportunity to get an ignition interlock device installed for the remainder of the suspension (up to three years total).
Note: State laws are always changing through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it's a good idea to thoroughly research the law or check with an attorney to make sure you have the most recent information.
Georgia DUI Resources
- Georgia DUI Statutes: Driving Under the Influence of Alcohol (Ga. Code 40-6-391).
- DUI Frequently Asked Questions - Answers to common questions about Georgia DUI laws (Ga. Dept. of Driver Services).
- Approved DUI / Defensive Driving Schools - List of approved DUI schools in Georgia (Ga. Dept. of Driver Services).
- Ignition Interlock Program: Rules and Regulations - Links to the various regulations for the IID program, including duties and responsibilities of the parties involved and hearing procedures (Ga. Dept. of Driver Services)
- Ignition Interlock Service Providers - List of approved IID service providers (Ga. Dept. of Driver Services).
- Driver's License Suspensions and Revocations - Information about license suspension and reinstatement (Ga. Dept. of Driver Services).
- Reinstatement Information - Information to help you get your driver's license reinstated after a suspension (Ga. Dept. of Driver Services)
- DUI Law - FindLaw's comprehensive section on driving under the influence laws, defenses, types of charges, common penalties, and more (FindLaw).
Charged With a Georgia DUI? Get Legal Help Today
If you have been charged with a DUI in Georgia, you may be facing heavy fines, license suspension, even the prospect of incarceration. The prosecution will have plenty of legal muscle on its side; so should you. In order to protect your rights and get the best possible outcome from an unfortunate situation, consider meeting with a Georgia DUI attorney today.
Next Steps
Contact a qualified DUI attorney to make sure your rights are protected.