Georgia DUI Laws

Most states have implied consent laws in conjunction with their DUI laws. In Georgia, the implied consent law goes into affect the minute you drive a motorized vehicle on Georgia Roads. You automatically forfeit the right to refuse a blood, urine, or breathe test for alcohol or other controlled substances while in control of a motorized vehicle when you drive in Georgia. The first time you refuse to cooperate with an officer of the law, your driver’s license will be revoked for one year. Other DUI penalties may also be applied to your conviction.



Anyone with a blood alcohol content (BAC) of .08% or above will receive a DUI in the state of Georgia. Since Georgia uses the Per Se law, there is no other proof needed to convict you for a DUI. Under age drinkers fall under the zero tolerance law. Anyone under the age or 21 will be charge with a DUI if their BAC is above 0.0%, for example, 0.01% to 0.02%. Commercial drivers are held to a .04% BAC. A BAC of .15% or more puts you into the enhanced penalties. This means the fines and penalties will double. These penalties may include more jail time and more severe driver’s license suspensions. DUI penalties will also be increased when an accident occurs which involves injuries or deaths due to drunk driving.

In the state of Georgia, you may also be arrested if your BAC is below .08%. DUI laws are applied to individuals who are caught driving under the effects of prescription drugs or who refuse to take the chemical test. It is considered a crime to operate the motorized vehicle in Georgia while under the influence of any intoxicating chemical. Anyone arrested for a DUI can loose their license for 1 year. In general, you will be required to participate in an Alcohol Risk Reduction Program for all DUI arrests and you may be required to undergo a clinical evaluation and treatment program. The Ignition Interlock Device and the loss of your vehicles license plates will be the results after the first DUI arrest. Individuals under 21 will not be allowed to proceed through their graduated license program for 12 months.



You will be arrested for any open containers inside the cab of the vehicle which contain alcohol. This includes cans, bottles with broken seals, or other beverage containers while you are driving on Georgia roads or parked on the shoulder of the road. If the driver is alone in the vehicle, the open container will be considered his. If the driver has a passenger, the individual who is determined to be in possession of the open container will be charged. The open container law does not apply to passengers of public transportation or those in a motor home or mobile home. The fine for an open container is $200.00.



Your first DUI conviction in the state of Georgia will result in 10 days to 1 year of jail time and fines from $300.00 to $1,000.00. Your license will be suspended for a period of time up to 1 year. You may be able to get probation if you agree to complete the Alcohol Risk Reduction Program. You will also be required to perform 40 hours minimum of community service. Individuals under 21 will have their graduated driver’s license delayed for 12 months. In order to reinstate you license, you will have to pay a fee of $210.00.

Your second DUI conviction in the state of Georgia is considered a misdemeanor and will result in 90 days to 2 years of jail time and fines from $600.00 to $1,000.00. You will have to serve 48 hours of the jail time consecutively. Your license will be suspended for 3 years. You may be able to get probation after 1 year if you agree to complete a treatment program or evaluation and install the Ignition Interlock Device (IID) on your vehicle. You will also be required to perform 30 days minimum of community service. Individuals under 21 will have their graduated driver’s license delayed for 12 months. In order to reinstate you license, you will have to pay a fee of $210.00.

Your third DUI conviction in the state of Georgia will label you as a habitual violator and will result in 120 days to 12 months of jail time and fines from $1,000.00 to $5,000.00. You will have to serve 15 days of the jail time. Your license will be suspended for 5 years and the plates of your vehicle will be seized. You may be able to get probation after 1 year if you agree to complete a treatment program or evaluation and install the Ignition Interlock Device (IID) on your vehicle. You will also be required to perform 30 days minimum of community service. Individuals under 21 will have their graduated driver’s license delayed for 12 months. In order to reinstate you license, you will have to pay a fee of $210.00. In addition, your name and arrest will appear in the newspaper.

The fourth conviction is considered a Felony Offense. Your jail time will extend from 1 year to 5 years and the fines will be from $1,000.00 to $5,000.00. You will have to serve 60 days of community service as well as complete an Alcohol or Drug Use Risk Reduction program and an alcohol treatment program.