Top 10 Arrestable Driving Offenses in Georgia

Arrestable driving offenses in Georgia are typically violations that reflect deliberate intent to ignore laws. Atlanta area roads are among the busiest in the Southeast, and with that comes a heightened focus on traffic safety and enforcement. This article explores the top 10 driving offenses in Georgia that often result in arrest.

While most traffic violations result in a ticket, a fine, and points on your license, certain offenses are considered egregious and lend cause for immediate arrest.

1. Driving Under the Influence (DUI)

DUI is one of the most aggressively prosecuted arrestable driving offenses in Georgia. A driver can be arrested for a blood alcohol concentration (BAC) of 0.08% or higher. Drivers can also be arrested for being under the influence of other substances. This includes prescription drugs, marijuana, controlled or illegal substances, and more.

Georgia’s implied consent law means that refusing a chemical test (breath, blood, or urine) will result in an automatic license suspension. Penalties for DUI include license suspension, hefty fines, mandatory education programs, and possible jail time—even for a first offense.

2. Reckless Driving

Reckless driving is defined as operating a vehicle with a "reckless disregard for the safety of persons or property." This broad category includes excessive speeding, weaving through traffic, running red lights, and other dangerous behaviors. A reckless driving charge is a misdemeanor and often leads to arrest at the scene, especially if the conduct endangers others or results in an accident. Conviction can result in license suspension, fines, and even jail time.

3. Street Racing and Stunt Driving

Street racing—including drag racing and stunt driving—has become a growing concern in Georgia’s urban areas. State law treats street racing as a criminal offense, and a single conviction can result in immediate license suspension and arrest. Law enforcement agencies frequently conduct coordinated crackdowns on organized street racing events, and participants, as well as spectators, can face arrest.

4. Fleeing, Evading, or Attempting to Elude Police

Evading or eluding a police officer, whether by high-speed pursuit, abruptly turning onto side streets, or other means—is a felony in Georgia. This offense occurs when a driver willfully fails to stop after being signaled by law enforcement. High-speed pursuits are dangerous and are treated with zero tolerance. Arrest is mandatory, and the penalties are severe, including felony charges and long-term suspension of the driver’s license.

5. Hit and Run / Leaving the Scene of an Accident

Leaving the scene of an accident without providing information or rendering aid is a serious offense. In Georgia, hit and run is an arrestable offense, especially if the accident results in injury or death. Conviction can lead to license suspension, fines, and possible imprisonment.

Leaving the scene of an accident, without injury, is a misdemeanor crime. Potential consequences are a $300-$1,000 fine, jail time up to 1 year, and suspension of the driver’s license.

6. Driving with a Suspended or Revoked License

Operating a vehicle while your license is suspended or revoked is a criminal offense in Georgia. If a driver is stopped and found to have a suspended license, arrest is immediate. Repeat offenders face escalating penalties, including longer suspension periods and jail time.

7. Excessive Speeding (Super Speeder Law)

While many speeding violations result in citations, excessive speeding—defined as driving more than 30 miles per hour over the posted limit—can lead to arrest. Georgia’s “Super Speeder” law imposes additional fines and automatic license suspension for those convicted of driving at extremely high speeds. High-speed pursuits, in particular, often result in arrest and additional charges such as reckless driving or fleeing police.

8. Vehicular Homicide and Serious Injury by Vehicle

If a driver causes a fatality or serious injury while committing a traffic offense (such as DUI, reckless driving, or fleeing police), they can be charged with vehicular homicide or serious injury by vehicle. These are felony offenses and always result in arrest, with the possibility of lengthy prison sentences.

9. Driving Without a Valid License, Registration, or Insurance

Driving without a valid license, or with fraudulent or fictitious documents, is an arrestable offense in Georgia. This includes both unlicensed drivers and those using fake or altered licenses or registrations. Arrest is likely, especially if the driver has prior offenses or is involved in an accident.

10. Violation of Georgia Controlled Substances Act (While Operating a Vehicle)

Operating a vehicle while in possession of illegal drugs, or using a vehicle in the commission of a felony, is grounds for arrest. This includes transporting drugs, using a vehicle to facilitate drug sales, or being under the influence of controlled substances while driving.

High-Speed Pursuits

High-speed pursuits are among the most dangerous situations on Georgia’s roads. Law enforcement officers are trained to pursue fleeing suspects only when necessary, but when a driver attempts to evade police—especially at high speeds—the result is almost always an arrest. Charges may include fleeing or attempting to elude, reckless driving, and additional offenses depending on the circumstances.

Avoiding DUI Traffic Stops

DUI traffic stops are a primary tool for removing impaired drivers from Georgia’s roads. Officers are trained to recognize signs of impairment and conduct field sobriety tests. If probable cause is established, the driver is arrested on the spot. Refusal to submit to chemical testing triggers an automatic license suspension under Georgia’s implied consent law, and the driver is still subject to arrest.

Reckless Driving

Reckless driving encompasses a wide range of dangerous behaviors, from aggressive lane changes to running red lights. It is a common charge in conjunction with other offenses such as DUI, speeding, and street racing. Arrest is likely if the conduct poses a clear danger to others or results in property damage or injury.

Additional Traffic-Stop-Related Arrestable Offenses

While the above are the primary offenses leading to arrest, several other violations can also result in being taken into custody:

Outstanding Warrants: If a police officer runs your license and discovers you have an outstanding arrest warrant, you will be taken into custody. It does not matter if you were or were not aware of any warrant. A Failure to Appear (FTA) is a common warrant causing arrests.

Possession of Illegal Substances: If, during the course of a traffic stop, a police officer becomes aware of any illegal substances in the vehicle, there are grounds for arrest. If the officer discovers illegal substances on any passenger, that person is subject to arrest.

Open Container Violations: Having an open container of alcohol in the vehicle can lead to arrest, especially if combined with other offenses.

Moving Violation Enforcement Trends

Georgia law enforcement agencies have increased efforts to combat dangerous driving behaviors, particularly those leading to fatalities. In 2021, nearly half of all fatal crashes involved at least one driver engaged in a dangerous driving behavior such as speeding, alcohol impairment, or distracted driving. Speed-related fatalities represented 22% of all traffic deaths, and alcohol- or drug-impaired crashes increased by 14% from 2020 to 2021.

If You Have Been Arrested

Our law firm has observed a great increase in cases stemming from arrestable driving offenses in Cherokee County, Georgia. If you have been arrested for any driving-related violations, we urge you to arrange a consultation with a criminal defense lawyer.