DUI Laws in Georgia

DUI Laws in Georgia

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The state of Georgia has some of the most stringent DUI laws across the country where the charges of driving under the influence of either alcohol or narcotics is dealt with seriously by the authorities.

The Georgia DUI law lists driving under the influence of alcohol or any such illicit substance as a criminal offence. If an individual is caught operating a vehicle under the influence of alcohol or drugs, he/she will be lawfully charged with a DUI violation and will face the necessary consequences.  

According to DUI law in Georgia, drivers cannot be in direct control of the vehicle under the following circumstances: 

  1. Blood alcohol level (BAC) of .8% or more for standard drivers.
  2. Blood alcohol level (BAC) of .4% or more for commercial drivers.
  3. Blood alcohol level (BAC) of .2 or more for underage drivers.
  4. Driving under the influence of drugs or other such illicit substances.

What happens when you get convicted for a DUI in Georgia?

Below are some of the consequences one could face in Ohio after being convicted of a DUI/DWI:
  • Driver’s License Suspension:

The most straightforward consequence of a DUI charge is that your driver’s license will be suspended for a certain period of time even though you haven’t been convicted–unless you take immediate legal action.

  • Jail Sentence:

The jail sentence for a DUI violation in Ohio will depend on various factors such as the seriousness of the offence committed, number of previous violations and other factors. As a first time DUI offender, the driver will face a minimum jail time of 10-365 days in jail.

  • Financial consequences:

The most excruciating part of a DUI charge is the exorbitant amount of penalties and fines one has to pay in accordance with the law. There are several other charges such as paying for a DUI school course or an alcohol treatment program which is mandatory for certain offenders. Additionally, the car you drove while being arrested might also be impounded by the authorities and you may also be required to pay a certain amount for each day it stays in the impound lot. License reinstatement comes with its own fee. And most importantly, having a DUI charge on your driving record will raise the rates of your auto insurance premium. 

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Penalties for a DUI conviction in Georgia 

Offence count1st Offence2nd Offence3rd Offence
Jail Sentence 10-365 Days90-365 Days 120-365 Days
Community Service Minimum 20 hours (40 hours if BAC was .08% or more)Minimum 30 daysMinimum 30 days
License Suspension12 Months 3 years Permanent revocation

Additional Georgia DUI Laws

The following are additional DUI laws in the state of Georgia that further help in convicting an individual for a DUI charge that he/she commits:
  • Enhanced DUI Penalties for Minor Passengers:

    Drivers operating a vehicle under the influence of alcohol or drugs who are also caught along with a minor in their vehicle will additionally be charged with a separate offence of child endangerment. Besides the standard DUI penalties, a child endangerment conviction will add up to 365 days in jail and a fine up to $1,000.
  • Vehicle Forfeiture for Repeat DUI Offences:

    Individuals convicted of a second DUI charge within a time period of 5 years are required to surrender their driver’s license plates by law. They are not eligible to get it back until and unless they get their driving license reinstated. Additionally, on a third or subsequent DUI charge, the judge will order that the vehicle driven during the offence be forfeited and sold.
  • Georgia’s Implied Consent Law:

    The implied consent law of Georgia states that drivers who are lawfully charged with a DUI conviction, have given consent to testing of breath/blood/urine or other bodily substance if there’s a cause to believe that the individual is under the influence of alcohol or other substances. Individuals who fail/refuse to submit to chemical testing face the following suspension periods:

Offense Count

1st Offence

2n Offence

3rd Offence

License Suspension

1 year

3 years 

5 years

  • Felony DUI Charges in Georgia:

Under certain circumstances, the state of Georgia can treat a DUI charge as a felony (usually a misdemeanor) if the following seems to be the case: 

    1. The driver causes serious injury/death to another person due to his/her negligence.
    2. The driver attempts to evade a police officer under the influence.
    3. If the driver is caught with a fourth DUI charge in a span of ten years
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SR22 Insurance in Georgia

In Georgia, SR22 is a legal document that drivers are required to file with Georgia Department of Driver Services when they have got a driving citation such as a DUI, a citation for driving with a suspended license, an at-fault accident, a driving-without-insurance citation or accumulating too many points on your license.

SR22 Insurance in Georgia certifies that you have the minimum car insurance coverage as required by the state to drive and have your license reinstated after being convicted of one of A few serious driving offences.


The most suitable way to avoid getting charged with  a DUI violation or having to pay hefty DUI fines is to simply abstain yourself from driving when you are under the influence of alcohol. But that might not necessarily happen as mistakes are bound to take place – statistics have shown more than 19,000 Georgia drivers per year get charged with a DUI violation on average.

We at SR22InsuranceNow aim to provide you with the most accurate and up to date information regarding Georgia DUI laws so that you can take the right decision if a certain situation arises.

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