DUI Laws in Georgia: Updated 2025

Understanding DUI Laws in Georgia: Types, Penalties, and Consequences

This article provides a comprehensive overview of DUI laws in Georgia in 2025, including the types of DUI offenses, punishments and potential sentences for first DUI, second DUI, third DUI, felony DUI, and DUI Less Safe charges. This is an update to DUI laws in Georgia in 2024

Driving under the influence (DUI) is a serious offense in Georgia. The state has strict DUI laws aimed at discouraging all types of impaired driving. Georgia has established a structured approach to categorize misdemeanor and felony impaired driving offenses, each with its own appropriate consequences.

Overview of Impaired Driving in Georgia

In Georgia, a driver can be charged with DUI if their blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the legal limit is lower at 0.04%, while for drivers under 21, any detectable amount of alcohol can lead to a DUI charge. However, simply having a BAC below these thresholds does not provide immunity from DUI charges; a driver may still be prosecuted for DUI if they are deemed to be "less safe" due to the influence of alcohol or drugs.

Types of DUI Charges in Georgia

There are several categories of DUI offenses in Georgia, the most common being DUI – Alcohol (often referred to simply as DUI), DUI Less Safe, and DUI Drugs (illegal or prescription). Here’s a breakdown of these categories:

DUI – Alcohol: This is the most straightforward DUI charge, based on the driver’s BAC exceeding the legal limit (0.08% for most drivers).

DUI Less Safe: A DUI Less Safe charge (aka DUI Per Se) applies when a driver is deemed to be "less safe" to drive due to the influence of alcohol or drugs, regardless of whether their BAC is above the legal limit. This charge can be based on behavioral evidence, field sobriety tests, and any observable impairment.

DUI Drugs: This charge involves the use of illegal drugs or the misuse of prescription medication that impairs a driver’s ability to operate a vehicle safely.

Punishments for DUI Offenses in Georgia

The penalties for DUI can vary significantly based on whether it is a first, second, third, or felony DUI offense. Here’s a closer look at the consequences for each category:

1. First DUI Offense

A first-time DUI offense in Georgia can lead to several punitive measures, including:

Fines: Ranging from $300 to $1,000.

Jail Time: Up to one year, though most first offenders do not serve jail time unless aggravating factors are present.

License Suspension: A minimum of one year, though a temporary permit may be obtained for limited driving if requested.

Community Service: 40 hours of community service.

DUI Risk Reduction Program: Completion of a state-approved risk reduction program is required.

Probation: Generally, probation is required instead of jail time, with specific conditions imposed by the court.

2. Second DUI Offense

The penalties for a second DUI offense within a 10-year period become significantly harsher:

Fines: Range from $600 to $1,000.

Jail Time: Mandatory minimum of 72 hours, up to one year.

License Suspension: Three-year suspension, with eligibility for a limited permit after 18 months.

Community Service: 30 days (in addition to the previous punishment).

DUI Risk Reduction Program: Required again, alongside a clinical evaluation for substance abuse treatment.

Probation: Similar to the first offense, with additional stipulations based on the nature of the offense.

3. Third DUI Offense

A third DUI conviction within a 10-year period leads to more severe repercussions:

Fines: Minimum of $1,000.

Jail Time: Mandatory minimum of 15 days, up to one year.

License Suspension: Five-year suspension, with potential for a limited permit after two years.

Community Service: At least 30 days.

DUI Risk Reduction Program: Required again, with a clinical evaluation.

Probation: Typically, longer-term and more intensive supervision.

4. Felony DUI

A DUI can escalate to a felony in certain circumstances, such as when multiple DUIs occur within a 10-year span or if the offense leads to injury or death. Felony DUI charges carry heavy consequences:

Fines: Can exceed $1,000 and often result in additional restitution if involved in an accident that caused bodily injury or property damage.

License Suspension: Up to 5 years, with limited options for reinstatement.

Community Service: May be mandated but varies based on the court’s discretion.

DUI Risk Reduction Program: Often required along with intensive outpatient treatment for substance abuse.

Additional Consequences: A felony conviction can lead to a permanent criminal record, affecting employment and other areas of life.

DUI Less Safe Charges

As previously mentioned, DUI Less Safe charges can be levied even if a driver does not exceed the legal BAC limit. The legal definitions and potential penalties are similar to those for a standard DUI:

Fines: May range from $300 to $1,000.

Jail Time: Up to one year (though first-time offenders may avoid jail).

License Suspension: One year, with options for limited driving privileges.

Community Service: 40 hours.

Risk Reduction: Required completion of the DUI Risk Reduction Program.

Probation: Typically mandated if jail time is avoided.

Aggravating Factors and Mitigating Circumstances

Georgia DUI laws also allow for aggravating factors that can elevate sentences, including:

High BAC Level: A BAC of 0.15% or more can lead to stiffer penalties.

Accidents with Injuries: Causing injury or damage during a DUI can result in felony charges.

Child Endangerment: If a driver is charged with DUI while a minor under 14 years old is in the vehicle, harsher penalties will apply.

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.

CREDITS and FOOTNOTES

• Photo by fsHH, available at Pixabay