Georgia DUI Laws: Guide to Charges and Penalties

Getting Started

If you’re facing a DUI in Georgia, you’re dealing with both administrative and criminal proceedings. The Department of Driver Services (DDS) handles the administrative side affecting your license, while the courts manage criminal charges. This guide provides general information about Georgia’s DUI process, but it’s essential to consult with a qualified attorney for advice specific to your situation.

Definitions to Know

Georgia Department of Driver Services (DDS)

The Georgia Department of Driver Services handles all driver licensing matters, including administrative license suspensions related to DUI cases. They oversee the issuance of limited driving permits, monitor ignition interlock compliance, and manage the license reinstatement process after suspension periods. The DDS works separately from the court system but enforces court-ordered license restrictions.

Steps To Take After DUI Arrest in Georgia

1. Hire an Attorney

   Legal counsel can help navigate both administrative and criminal processes, potentially reducing penalties or identifying defense strategies.

2. License Suspension

   Your driver’s license will be automatically suspended if you refuse a chemical test or test over the legal limit.

3. Request an Administrative Hearing

   You have only 30 days from your arrest date to request an administrative license suspension (ALS) hearing with the Georgia DDS to contest your license suspension.

4. Apply for a Limited Driving Permit

   If eligible, you may apply for a limited permit allowing travel to work, school, medical appointments, and other essential destinations.

5. Install an IID

   Required for certain offenses and mandatory for high-BAC convictions or drivers with multiple offenses to regain limited driving privileges.
   Explore IIDs

6. File an SR-22 Form

   You may be required to provide proof of financial responsibility with an SR-22 certificate to reinstate your driver’s license after a DUI conviction. 

7. Complete Substance Abuse Evaluation and Treatment

   You are required to be evaluated by a state-certified evaluator and complete any treatment programs they recommend.

8. Pay Fines and Fees

   DUI fines in Georgia range from $300-$5,000 plus other fees, such as license reinstatement and court surcharges.

9. Complete DUI Risk Reduction Program

   All drivers convicted of DUI must complete Georgia’s DUI school, known as the Risk Reduction Program.

10. Attend Court Proceedings

    Any additional traffic violations or positive alcohol tests while on probation or using a limited permit can result in immediate jail time and extended suspension periods.

11. Probation

    Probation terms typically last 12 months and include regular check-ins, sobriety monitoring, and community service requirements.

12. Avoid Further Violations

    Any additional traffic violations or positive alcohol tests while on probation or using a limited permit can result in immediate jail time and extended suspension periods.

DUI Laws in Georgia

In Georgia, it’s illegal to drive if you’re under the influence of alcohol, drugs, or both.

What Are the Legal Driving Alcohol Limits in Georgia?

Police officers use breathalyzers to measure Breath Alcohol Concentration (BrAC) and may require blood tests to determine Blood Alcohol Concentration (BAC).

Felony vs. Misdemeanor DUI Charges

In Georgia, most first, secondDUI convictions within a 10-year period are classified as misdemeanors, and a third offense is considered high and aggravated misdemeanor. However, a fourth or subsequent DUI within 10 years becomes a felony offense. Any DUI that causes serious injury or death (vehicular homicide) is automatically charged as a felony regardless of prior history.

• Misdemeanor DUI penalties include jail time, fines, license suspension, and mandatory treatment programs.
• Felony DUI convictions carry much harsher penalties, including prison sentences of 1-5 years, fines up to $5,000, and permanent license revocation possibilities.

What Are Drunk Driving Diversion Programs in Georgia?

Georgia does not offer a statewide DUI diversion program, and DUI offenses are generally not eligible for pretrial diversion programs in most counties. While counties like Cobb, Gwinnett, and Cherokee have pretrial diversion options for certain non-violent crimes, DUI is almost always excluded from these programs. However, there are alternative sentencing options for first-time DUI offenders in Georgia, such as DUI Accountability Courts and intensive probation supervision, which focus on rehabilitation but still result in a conviction. Participation in these alternatives may help avoid jail time if requirements like counseling, drug and alcohol testing, and community service are fulfilled.

Refusing a Chemical Test Under Georgia DUI Law

Georgia operates under implied consent law, meaning drivers automatically consent to chemical testing when suspected of DUI in Georgia. Refusing to submit to breathalyzer or blood testing will result in an automatic license suspension.

DUI Penalties & Consequences

Georgia’s DUI penalties escalate significantly with each subsequent conviction, especially those within a 5 or 10-year lookback period.

Penalties for DUI Offenses in Georgia

Aggravating Factors That Increase Georgia DUI Penalties

In Georgia, these aggravating factors lead to elevated criminal charges, harsher fines, longer jail time, extended license suspensions, and additional requirements:

• High BAC Levels – BAC of 0.15% or higher results in longer jail sentences and mandatory IID installation.
• Child Passengers – DUI with a minor under 14 in the vehicle adds child endangerment charges (additional misdemeanor per child).
• Accident-Causing Injury – Serious injury by vehicle is a felony punishable by 1-15 years in prison.
• Fatality – DUI-related vehicular homicide carries 3-15 years per death.
• Speeding – Excessive speeding with DUI increases penalties and extends license suspension periods.
• School Zones – DUI in school or construction zones results in enhanced penalties.
• Open Container – Additional charge for open container violations.
• Driving on Suspended License – Compounds charges and penalties dramatically.

Driving Without a Valid License

Driving during a DUI-related suspension in Georgia is extremely risky. If caught, you could face:

• Misdemeanor charges with mandatory minimum 2 days in jail
• Additional fines of $500-$1,000
• Extended license suspension period
• Possible felony charges for habitual violators
• Immediate vehicle impoundment
• Ineligibility for limited permits in the future
• Additional SR-22 insurance requirements

License Suspension

A DUI arrest in Georgia triggers two separate processes that can affect your driving privileges: administrative suspension and court-ordered suspension if convicted.

Who Determines if You Can Continue Driving After a DUI 

In Georgia, both the Department of Driver Services (DDS) and the courts have authority over your driving privileges after a DUI. The DDS handles administrative license suspensions triggered automatically upon arrest if you refuse testing or test over the legal limit. The courts impose separate license suspensions upon conviction.

The administrative suspension occurs immediately after arrest and can be contested through an Administrative License Suspension (ALS) hearing if requested within 30 days. This process is entirely separate from criminal court proceedings, meaning you could face two distinct license suspensions for the same incident.

How Long Will Your License Be Suspended?

Getting your license suspended in Georgia means you are no longer allowed to drive a vehicle, unless you obtain a limited permit during your suspension period. Suspension lengths depend on your offense history.

Steps to Reinstate Your License

1. Serve suspension period fully
2. Complete DUI Risk Reduction Program (DUI school)
3. Pay reinstatement fees ($210 in person, $200 online)
4. Provide proof of insurance financial responsibility via SR-22 form if required
5. Complete clinical evaluation and treatment program if required
6. Install an ignition interlock device if mandated by court or administrative order

How to Apply for Limited Driving Permit

1. Wait until the mandatory hard suspension period has passed
2. Visit a Georgia DDS Customer Service Center in person
3. Bring court documentation showing your DUI conviction date
4. Provide proof of enrollment in or completion of the Risk Reduction Program
5. Submit verification of need (employment verification or school enrollment)
6. Pay the $25 permit application fee
7. Install an IID on your vehicle if required
8. Provide SR-22 insurance certificate if required

Georgia Ignition Interlock Device (IID) Requirements

Georgia requires ignition interlock devices for:

• All second and subsequent DUI offenses within 5 years
• First offenses may require IID only in rare cases, at the judge’s discretion.
• Those who choose an early reinstatement option

Ignition interlock requirements include:

• Installation by a state-certified provider at your expense
• Monthly monitoring and calibration visits
• Minimum usage period of 12 months
• All vehicles you intend to operate must have the device installed
• Failed tests or tampering attempts are reported to authorities
• Device must be installed within 30 days of permit issuance

Selecting the right ignition interlock provider can make a world of difference.

Find an Interlock Provider Near You

SR-22 Insurance Requirements

After a Georgia DUI, you may be required to file an SR-22 form as proof of financial responsibility. The SR-22 confirms you carry the state-required minimum auto insurance coverage, and your insurance company must notify the state if your policy lapses, is canceled, or expires.

Key requirements:

• If applicable, your SR-22 must be maintained for 3 years, typically from conviction date or as specified by the DDS. Check your DDS paperwork for the exact timeframe.Minimum liability coverage: $25,000 bodily injury per person, $50,000 per accident, $25,000 property damage
• Must be obtained from an insurer licensed in Georgia
• Expect significant premium increases
• Early cancellation will trigger automatic license re-suspension

Let us help connect you to the right licensed insurance specialist for you.

Explore SR-22 Insurance Requirements

Substance Abuse Evaluation and Treatment

Georgia requires all drivers convicted of DUI to undergo clinical evaluation and potentially complete a substance abuse treatment program. This process includes:

1. Clinical Evaluation: Assessment by a state-certified evaluator to determine the extent of alcohol/drug issues
2. Treatment Recommendations: Based on the evaluation, ranging from short educational courses to intensive outpatient or inpatient treatment
3. Completion Certificate: Required documentation for license reinstatement
4. Cost: Evaluation ($100-150) plus treatment program costs ($200-2,000+ depending on requirements)
5. Timing: Must be completed before license reinstatement, though often can be started immediately after arrest

All evaluations and programs must be completed through DUI schools certified by the Georgia Department of Driver Services.

Understand what to expect and how to prepare for a substance abuse evaluation.

Read Our Guide on Alcohol Assessments

FAQs About DUIs in Georgia

Sources

1. Georgia Department of Driver Services. (2023). Certified DUI schools. https://dds.georgia.gov/location/certified-dui-schools
2. Georgia Department of Driver Services. (2023). DUI first offense 21 and over. https://dds.georgia.gov/dui-first-offense-21-and-over
3. Georgia Department of Driver Services. (2023). Ignition interlock provider program. https://dds.georgia.gov/regulated-programs/ignition-interlock-provider-program
4. Georgia Department of Driver Services. (2023). No proof insurance multiple. https://dds.georgia.gov/no-proof-insurance-multiple
5. Georgia Governor’s Office of Highway Safety. (2023). DUI laws. https://www.gahighwaysafety.org/dui-laws
6. Georgia Governor’s Office of Highway Safety. (2023). Impaired driving laws. https://www.gahighwaysafety.org/impaired-driving-laws
7. FindLaw. (2023). Georgia DUI laws. https://www.findlaw.com/state/georgia-law/georgia-dui-laws.html National College for DUI Defense. (2023). Georgia DUI laws. https://www.ncdd.com/georgia-dui-laws