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Georgia DUI Laws [2024 Guide]

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Georgia’s Driving Under the Influence (DUI) laws are among the strictest in the nation. It’s vital to understand these laws to avoid the severe penalties that come with a DUI conviction. This guide will provide you with a clear understanding of Georgia’s DUI laws and the consequences of violating them.

If you’re struggling with alcohol abuse, Peachtree Detox offers alcohol detox and rehab options in Georgia.

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If you or a loved one are struggling with substance use disorder, our detox programs in Atlanta, Georgia can help. We’re standing by ready to help you create sustained changes in your life. 

Legal BAC Limits & Impairments

In Georgia, it is illegal to drive if:

  • Your Blood Alcohol Concentration (BAC) is 0.08% or higher if you are 21 years old or older.
  • Your BAC is 0.02% or higher if you are under 21.
  • Your BAC is 0.04% or higher if you are operating a commercial vehicle.

DUI charges are not limited to alcohol impairment; they also apply to impairment caused by drugs, including prescription medications, over-the-counter drugs, and illegal substances.

Georgia’s Implied Consent Law

Under Georgia’s Implied Consent Law, drivers are required to submit to chemical tests (breath, blood, or urine) if law enforcement suspects them of driving under the influence. Refusing to take these tests results in an automatic suspension of your driver’s license:

  • First Refusal: 1-year license suspension
  • Second Refusal: 3-year license suspension
  • Third Refusal: 5-year license suspension

Additionally, refusal to take the test can be used as evidence in court, potentially leading to harsher penalties.

Penalties for DUI Convictions

First Offense
  • Jail Time: 10 days to 12 months (with a minimum of 24 hours mandatory)
  • Fines: $300 to $1,000
  • License Suspension: Up to 1 year
  • Community Service: At least 40 hours
  • DUI School: Attendance is mandatory


Second Offense (within 10 years)
  • Jail Time: 90 days to 12 months (minimum 72 hours mandatory)
  • Fines: $600 to $1,000
  • License Suspension: 3 years
  • Community Service: At least 240 hours
  • DUI School: Required
  • Mandatory Clinical Evaluation and Treatment if necessary


Third Offense (within 10 years)
  • Jail Time: 120 days to 12 months (minimum 15 days mandatory)
  • Fines: $1,000 to $5,000
  • License Suspension: 5 years
  • Community Service: At least 240 hours
  • DUI School: Required
  • Vehicle Forfeiture: Possible

Fourth Offense (within 10 years) – Felony
  • Jail Time: 1 to 5 years
  • Fines: $1,000 to $5,000
  • License Suspension: Indefinite, with the possibility of reinstatement after 5 years
  • Community Service: At least 60 days
  • DUI School: Required
  • Vehicle Forfeiture: Possible

Other DUI Consequences

A DUI conviction in Georgia can have far-reaching consequences beyond fines and jail time. These include significantly higher insurance premiums, potential job loss, and a permanent criminal record. Repeat offenders may be required to install an ignition interlock device (IID) in their vehicle, which prevents the car from starting if alcohol is detected on the driver’s breath.

Hardship Licenses

For first-time offenders, Georgia offers the possibility of obtaining a limited driving permit, also known as a hardship license. This permit allows for restricted driving, such as commuting to work, school, or medical appointments.

Special Considerations for Young and Commercial Drivers

Those under the age of 21 and commercial drivers face stricter BAC limits and more severe penalties for DUI offenses. For instance, commercial drivers convicted of a DUI face a one-year disqualification for the first offense and a lifetime disqualification for a second offense.

DUI Less Safe

In Georgia, you can be charged with “DUI Less Safe” even if your BAC is below the legal limit. This charge applies when law enforcement believes that, despite a lower BAC, your ability to safely operate a vehicle is impaired by alcohol or drugs.

Getting Help for Alcohol Abuse

If you or someone you know is struggling with alcohol abuse, it’s important to seek help. Alcohol dependence can lead to serious health issues, legal troubles, and strained relationships. Fortunately, there are numerous resources available to assist with overcoming alcohol addiction.

Treatment Programs: Detox, inpatient and outpatient programs are available to help individuals recover from alcohol addiction. Inpatient programs provide a structured environment with 24/7 support, while outpatient programs offer flexibility for those who need to maintain their daily routines.

Counseling and Therapy: Professional counseling, whether individual or group, is essential for addressing the underlying issues of alcohol abuse. 

Medical Assistance: Medical professionals can assist with managing withdrawal symptoms and other health complications related to alcohol abuse. Medications and Medication-Assisted Treatment may be a feasible options to reduce cravings and support recovery.

Get Help After a DUI Today

Georgia’s DUI laws are rigorous and aim to discourage impaired driving through strict penalties and enforcement. It’s essential to understand these laws to avoid the significant legal and personal consequences of a DUI conviction. Always prioritize safe, sober driving to contribute to safer roads across Georgia. If alcohol abuse is affecting your life, Peachtree Detox can help. Our treatment programs are centered in evidence-based programming and can help you or a loved one find the help you need today.