Georgia DUI Laws Explained

By Javier Marín, Editor·Last reviewed September 2026·How we check this

A Georgia DUI arrest sets two parallel processes in motion: a criminal case under O.C.G.A. § 40-6-391 in State or Superior Court, and an Administrative License Suspension (ALS) by the Department of Driver Services. Both move on tight timelines — the ALS hearing must be requested within 30 days, and the criminal arraignment usually follows within 60-90 days.

The legal threshold

Adults 21+: 0.08% BAC.
Drivers under 21: 0.02% BAC (zero tolerance).
Commercial drivers (CDL): 0.04% BAC while operating a commercial vehicle.
School bus drivers: 0.04% BAC.

Georgia also charges DUI for impairment without a specific BAC under O.C.G.A. § 40-6-391(a)(1) — the "less safe" subsection that addresses any noticeable impairment from alcohol, drugs, or any combination. Marijuana, prescription drugs, and over-the-counter medication can all trigger DUI charges if they impair driving ability.

Administrative License Suspension (ALS)

The arresting officer issues a Form 1205 notice on a DUI arrest where the driver fails or refuses chemical testing. The notice includes:

30-day temporary driving permit.
Notice of pending suspension.
The driver's right to request an ALS hearing within 30 days.

If no hearing is requested within 30 days, the suspension begins on day 31:

1 year for a first chemical-test refusal.
3 years for a second refusal within 5 years.
30 days for a first failed chemical test, after which the driver is eligible for reinstatement and a limited driving permit.

First-offense criminal penalties

A first Georgia DUI conviction is a misdemeanor under O.C.G.A. § 40-6-391(c) with these typical consequences:

10 days to 12 months in county jail (often suspended on first offenses without aggravating factors; 24 hours mandatory minimum if BAC was 0.08%+).
$300 to $1,000 in fines, plus court costs and DUI Crime Victims Emergency Fund assessments that can add 50% to the total.
12-month license suspension, with eligibility for a limited driving permit after 120 days for a first offense.
Mandatory completion of the DUI Risk Reduction Program (RRP) — a 20-hour course costing about $355.
40 hours of community service.
12 months of probation.
SR-22 insurance filing for at least 3 years.
Clinical evaluation and any recommended treatment.

Limited Driving Permit (LDP)

After the first 120 days of a DUI suspension, eligible first-time offenders can apply for a Limited Driving Permit at $25. The LDP allows driving for:

Work, including reasonable commuting.
Court-ordered programs (RRP, treatment, probation).
Medical appointments for the driver or immediate family.
School (high school, college, vocational).
Court appearances.

The LDP requires SR-22 insurance and follows defined daily routes. Violation of the permit converts the suspension into a longer revocation.

Aggravating factors

Penalties escalate quickly when any of these apply:

BAC of 0.15% or higher: longer license suspension and increased fines.
DUI with a child under 14 in the vehicle: charged as Endangering a Child by DUI, a separate misdemeanor with mandatory jail time.
Causing serious injury: charged as Serious Injury by Vehicle, a felony.
Causing death: charged as Vehicular Homicide, a felony with 3-15 years prison.
Driving on a suspended license: separate felony charge.

Repeat offenses

Georgia has a 10-year lookback period for DUI priors. A second DUI within 10 years brings:

Mandatory 72 hours in jail (often longer).
3-year license suspension, with eligibility for an LDP only after 18 months.
Ignition interlock device required for at least 12 months after reinstatement.
Mandatory clinical evaluation and treatment.
Vehicle license plate seizure (the offender can no longer drive on that plate).

A third DUI within 10 years is a "high and aggravated" misdemeanor with mandatory 15 days in jail and a 5-year license revocation. A fourth DUI within 10 years is a felony.

For a national perspective, see our national DUI guide.