DUI Laws in Georgia 2024

DUI and DUI Less Safe

This article presents DUI laws in Georgia in 2024 with information punishments, sentences, and what a DUI lawyer can do to help you. Find information on what constitutes DUI and DUI Less Safe in Georgia.

What is DUI in Georgia?

For DUI laws in Georgia, the basic requirement to be charged with DUI (alcohol) is by taking a blood or breath test that shows your blood alcohol content (BAC) is 0.08% or higher. For persons under 21 years of age, the BAC threshold is 0.02%. For CDL Drivers the BAC threshold is 0.04%.

DUI Less Safe

DUI Less Safe is a catch-all to arrest anyone who is operating a motor vehicle and appears to be under the influence. This can include driving impaired by legitimate prescription drungs, marijuana, illegal substances (i.e., mushrooms, LSD, etc.).

A DUI Arrest in Georgia

Being arrested for DUI or DUI Less Safe does necessarily mean you will be convicted of DUI. The circumstances of the traffic stop, presence or lack of evidence, and the quality of your DUI lawyer is what ultimately determines potential outcomes.

No law firm can guarantee any specific outcome, however; an experienced DUI law firm offers you the optimal route to the best possible outcomes.

Should You Hire a DUI Lawyer?

A DUI conviction brings a lot of hassles that will impact your life for years to come. What are the most common penalties for a DUI Conviction?

• An arrest record and criminal conviction record
• Revocation of driver’s license (for a year or more)
• Jail time (prison time for felony DUI)
• Stiff fines
• Mandatory attendance/completion of DUI school, Defensive Driving school
• Possible attendance/completion of Substance Abuse counseling
• Substantial increases in vehicle insurance

What Does a DUI Lawyer Do?

Your DUI lawyer (DUI law firm) starts their work by hearing your side of the matter and learning the basic facts about the arrest.

Next, depending on your situation, the law firm will work to identify any evidence that may be used against you. They may choose to obtain police reports, video evidence, and interview witnesses. The goal is to determine the strength of the prosecutor’s case to then identify potential DUI defense strategies. Your DUI lawyer will speak with the prosecutor’s office to discuss the case and work to mitigate the fallout.

A DUI brings can also bring civil actions. If your DUI involved personal injury or damage to property you could be sued in civil court. If this happens, our lawyers can represent you.

Don’t Lose Your Driver’s License

As soon as a DUI arrest is made, the State begins making a case against you. All DUI laws in Georgia present legal problems that you cannot ignore. If there are additional charges, you’re at risk for an even worse outcome.

You have 30 Days to Act In Georgia, unless you take specific legal actions, your driver’s license will be automatically revoked per the 30 Day Rule.

As part of a DUI arrest, the arresting officer is required to take driver’s license and issue a citation that serves as a temporary driving permit. The officer then files a State form (DDS-1205 Sworn Report) which starts the process to revoke your license.

If your license is revoked you have no ability to appeal or request additional time. Don’t put yourself in this predicament.

If you have been arrested for DUI we strongly urge you to schedule a confidential consultation. In your consultation, we can discuss your situation, potential outcomes, and how we can help you. For the moment, learn how we can protect your driving privileges.

What are Potential Outcomes

Our ultimate objective is to break down the prosecutors case and avoid a DUI conviction. Common outcomes for DUI cases in Georgia are:

• Case is dropped/dismissed. For this to happen your lawyer needs to prove legal errors in the validity of the traffic stop, law enforcement field procedures, or similar misconduct.
• Reduced charges. It is sometimes possible to have a DUI charge reduced to a “reckless driving” charge. A reduced charge will enable you to avoid community service, major fines, DUI school, and jail time. Penalties for a reduced charge are usually limted to a fine, court cost, points on your driving record, and possibly required completion of a driving course.
• Plea Negotiation. Accept the charge and negotiate penalties as much as possible. This keeps your case out of a trial process and can soften the fallout.
• DUI Trial Our skilled trial lawyers can represent you in a formal trial. Typically, if the case goes to trial the prosecutor is very confident in the strength of their case. Trial outcomes are unpredictable and, if found guilty, the punishments are entirely up to the judge.

The complexity of a DUI case and potential outcomes varies quite a bit. A third DUI is harder to fight than a first DUI. A DUI involving a wreck, especially with injury to others, can be quite a legal challenge. Regardless of the circumstances of your case, you should consult with a lawyer to better understand your situatian.

DUI Sentencing in Georgia

In Georgia, judges use established DUI Sentencing Guidelines to determine penalties for anyone convicted of DUI, DUI Less Safe, or BUI.

Georgia utilizes a mandatory Risk Reduction Program for anyone convicted of DUI, or possession of illegal drugs / alcohol while operating a motor vehicle.

First DUI Conviction

• Possible jail time up to 1 year
• Fine of $300 to $1,000
• Driver’s License suspension of up to one year
• Minimum 40 hours of community service
• Driver’s License reinstatement fee (Approx. $200)

Second DUI Conviction
(Within five years of first DUI conviction)

• Minimum 48 hours in jail, up to one year in jail
• Fine of $600 to $1,000
• Driver’s License suspension of three years
• Minimum 30 days community service
• Driver’s License reinstatement fee (Approx. $200)
• Mandatory clinical evaluation. Possible requirement of substance abuse treatment program

Third DUI Conviction
(Within five years of second DUI conviction)

• Minimum 15 days jail time
• Fine of $1,000 to $5,000
• Driver’s License revocation for five years
• Minimum 30 days community service
• Declared as habitual violator. License plate confiscated and sent to the Department of Motor Vehicle Safety
• Mandatory clinical evaluation. Possible requirement of substance abuse treatment program

Georgia DUI Laws | O.C.G.A. 40-6-391

Driving under the influence of alcohol, drugs, or other intoxicating substances; penalties; publication of notice of conviction for persons convicted for second time; endangering a child

• (a) A person shall not drive or be in actual physical control of any moving vehicle while:
• (1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
• (2) Under the influence of any drug to the extent that it is less safe for the person to drive;
• (3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
• (4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;
• (5) The person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
• (6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person’s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood.
• (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use.
• (c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor, upon a third conviction thereof, be guilty of a high and aggravated misdemeanor, and upon a fourth or subsequent conviction thereof, be guilty of a felony except as otherwise provided in paragraph (4) of this subsection and shall be punished as follows:
• (1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
• (A) A fine of not less than $300.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;
• (B) A period of imprisonment of not fewer than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender’s alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph;
• (C) Not fewer than 40 hours of community service, except that for a conviction for violation of subsection (k) of this Code section where the person’s alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not fewer than 20 hours;
• (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department’s approval of the program to the person upon enrollment in the program;
• (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; provided, however, that in the court’s discretion such evaluation may be waived; and
• (F) If the person is sentenced to a period of imprisonment for fewer than 12 months, a period of probation of 12 months less any days during which the person is actually incarcerated;
• (2) For the second conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
• (A) A fine of not less than $600.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;
• (B) A period of imprisonment of not fewer than 90 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 72 hours of actual incarceration;
• (C) Not fewer than 30 days of community service;
• (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department’s approval of the program to the person upon enrollment in the program;
• (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and
• (F) A period of probation of 12 months less any days during which the person is actually incarcerated;
• (3) For the third conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
• (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;
• (B) A mandatory period of imprisonment of not fewer than 120 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 15 days of actual incarceration;
• (C) Not fewer than 30 days of community service;
• (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department’s approval of the program to the person upon enrollment in the program;
• (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and
• (F) A period of probation of 12 months less any days during which the person is actually incarcerated;
• (4) For the fourth or subsequent conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
• (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;
• (B) A period of imprisonment of not less than one year and not more than five years; provided, however, that the judge may suspend, stay, or probate all but 90 days of any term of imprisonment imposed under this paragraph. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose;
• (C) Not fewer than 60 days of community service; provided, however, that if a defendant is sentenced to serve three years of actual imprisonment, the judge may suspend the community service;
• (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department’s approval of the program to the person upon enrollment in the program;
• (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and
• (F) A period of probation of five years less any days during which the person is actually imprisoned;
• provided, however, that if the ten-year period of time as measured in this paragraph commenced prior to July 1, 2008, then such fourth or subsequent conviction shall be a misdemeanor of a high and aggravated nature and punished as provided in paragraph (3) of this subsection;
• (5) If a person has been convicted of violating subsection (k) of this Code section premised on a refusal to submit to required testing or where such person’s alcohol concentration at the time of the offense was 0.08 grams or more, and such person is subsequently convicted of violating subsection (a) of this Code section, such person shall be punished by applying the applicable level or grade of conviction specified in this subsection such that the previous conviction of violating subsection (k) of this Code section shall be considered a previous conviction of violating subsection (a) of this Code section;
• (6) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere based on a violation of this Code section shall constitute a conviction; and
• (7) For purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of this subsection, only those offenses for which a conviction is obtained or a plea of nolo contendere is accepted on or after July 1, 2008, shall be considered; provided, however, that nothing in this subsection shall be construed as limiting or modifying in any way administrative proceedings or sentence enhancement provisions under Georgia law, including, but not limited to, provisions relating to punishment of recidivist offenders pursuant to Title 17.
• (d) (1) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the misdemeanor or high and aggravated misdemeanor punishments provided for in this Code section upon a conviction of violating this Code section or upon a conviction of violating any ordinance adopting the provisions of this Code section.
• (2) Notwithstanding any provision of this Code section to the contrary, any court authorized to hear misdemeanor or high and aggravated misdemeanor cases involving violations of this Code section shall be authorized to exercise the power to probate, suspend, or stay any sentence imposed. Such power shall, however, be limited to the conditions and limitations imposed by subsection (c) of this Code section.
• (e) The foregoing limitations on punishment also shall apply when a defendant has been convicted of violating, by a single transaction, more than one of the four provisions of subsection (a) of this Code section.
• (f) The provisions of Code Section 17-10-3, relating to general punishment for misdemeanors including traffic offenses, and the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, shall not apply to any person convicted of violating any provision of this Code section.
• (g)(1) If the payment of the fine required under subsection (c) of this Code section will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section.
• (2) In the sole discretion of the judge, he or she may suspend up to one-half of the fine imposed under subsection (c) of this Code section conditioned upon the defendant’s undergoing treatment in a substance abuse treatment program as defined in Code Section 40-5-1.
• (h) For purposes of determining under this chapter prior convictions of or pleas of nolo contendere to violating this Code section, in addition to the offense prohibited by this Code section, a conviction of or plea of nolo contendere to any of the following offenses shall be deemed to be a violation of this Code section:
• (1) Any federal law substantially conforming to or parallel with the offense covered under this Code section;
• (2) Any local ordinance adopted pursuant to Article 14 of this chapter, which ordinance adopts the provisions of this Code section; or
• (3) Any previously or currently existing law of this or any other state, which law was or is substantially conforming to or parallel with this Code section.
• (i) A person shall not drive or be in actual physical control of any moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in such person’s blood, breath, or urine. Every person convicted of violating this subsection shall be guilty of a misdemeanor and, in addition to any disqualification resulting under Article 7 of Chapter 5 of this title, the “Uniform Commercial Driver’s License Act,” shall be fined as provided in subsection (c) of this Code section.
• (j)(1) The clerk of the court in which a person is convicted a second or subsequent time under subsection (c) of this Code section within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, the name of the convicted person, the city, county, and zip code of the convicted person’s residential address, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made.
• (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section.
• (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith.
• (k)(1) A person under the age of 21 shall not drive or be in actual physical control of any moving vehicle while the person’s alcohol concentration is 0.02 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control ended.
• (2) Every person convicted of violating this subsection shall be guilty of a misdemeanor for the first and second convictions and upon a third or subsequent conviction thereof be guilty of a high and aggravated misdemeanor and shall be punished and fined as provided in subsection (c) of this Code section, provided that any term of imprisonment served shall be subject to the provisions of Code Section 17-10-3.1, and any period of community service imposed on such person shall be required to be completed within 60 days of the date of sentencing.
• (3) No plea of nolo contendere shall be accepted for any person under the age of 21 charged with a violation of this Code section.
• (l) A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs. The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child.

If you are charged with DUI or DUI Less Safe, you should arrange a free consultation with a DUI lawyer. Protect yourself and your future.