Georgia DUI Laws 2026: Complete Guide

Georgia has strict DUI laws with severe penalties that escalate dramatically for repeat offenses. Understanding the difference between DUI per se and DUI less safe, Georgia's critical 10-day rule, administrative license suspension, and your rights during a traffic stop is essential if you've been arrested or want to avoid a DUI charge.

Types of DUI Charges in Georgia

Georgia law (O.C.G.A. § 40-6-391) defines multiple ways to be guilty of DUI:

1. DUI Per Se (0.08% BAC or Higher)

• BAC of 0.08% or higher within 3 hours of driving
• Applies to drivers 21 and over
• No proof of impairment required - BAC alone is enough
• Based on breath, blood, or urine test

2. DUI Less Safe

• Driving while impaired to the extent you are a less safe driver
• Can be convicted even if BAC is under 0.08%
• Can be convicted with NO BAC test at all
• Based on officer observations, field sobriety tests, driving behavior
• Applies to alcohol, drugs, prescription medications, or any impairing substance

3. DUI Under 21 (0.02% or Higher)

• Applies to drivers under age 21
• BAC of 0.02% or higher (near-zero tolerance)
• Any detectable alcohol can trigger this charge

4. DUI Commercial Drivers (0.04% or Higher)

• Applies when operating commercial vehicle
• BAC of 0.04% or higher
• Can lose CDL even if driving personal vehicle with 0.08% BAC

Legal BAC Limits in Georgia

DUI Penalties in Georgia

First Offense DUI (Misdemeanor)

• Jail: 10 days to 12 months (minimum 24 hours required, can serve as community service)
• Fines: $300 to $1,000 (plus surcharges and fees)
• License Suspension: 12 months (but can apply for limited permit after 120 days)
• DUI School: 20-hour Risk Reduction Program (DUI school) - required
• Community Service: 40 hours minimum
• Clinical Evaluation: Alcohol/drug assessment required
• Probation: 12 months supervised probation typical

Second Offense DUI within 10 Years (High & Aggravated Misdemeanor)

• Jail: 90 days to 12 months (minimum 72 hours or 30 days community service)
• Fines: $600 to $1,000
• License Suspension: 3 years (can apply for limited permit after 18 months)
• Ignition Interlock: Required for 12 months upon reinstatement
• DUI School: 20-hour Risk Reduction Program
• Community Service: 30 days (240 hours) minimum
• Clinical Evaluation: Required
• Published Mugshot: Possible publication in local newspaper

Third Offense DUI within 10 Years (High & Aggravated Misdemeanor)

• Jail: 120 days to 12 months (minimum 15 days served in jail)
• Fines: $1,000 to $5,000
• License Suspension: 5 years (can apply for limited permit after 2 years)
• Ignition Interlock: Required for 12 months upon reinstatement
• Habitual Violator: Declared Habitual Violator (HV)
• Vehicle Seizure: Vehicle may be seized and sold
• DUI School: 20-hour Risk Reduction Program
• Community Service: 30 days (240 hours)
• Clinical Evaluation: Required with treatment

Fourth+ Offense DUI within 10 Years (Felony)

• Prison: 1 to 5 years (felony imprisonment)
• Fines: $1,000 to $5,000
• License Suspension: 5 years minimum (can apply for limited permit after 2 years)
• Felony Record: Loss of voting rights, gun rights, employment consequences
• Habitual Violator: HV status
• Vehicle Seizure: Vehicle forfeiture
• Ignition Interlock: Required upon reinstatement

Aggravated Circumstances

DUI with Child Under 14 in Vehicle

• Additional misdemeanor charge for each child (O.C.G.A. § 40-6-391(l))
• $1,000 to $5,000 fine per child
• 10 days to 12 months jail per child (runs consecutive)
• License suspension: 12 months additional

DUI Causing Serious Injury

• Felony charge (O.C.G.A. § 40-6-394)
• 1 to 15 years prison
• $1,000 to $5,000 fine
• 3-year minimum license suspension

DUI Causing Death (Homicide by Vehicle)

• Felony charge (O.C.G.A. § 40-6-393)
• 3 to 15 years prison (first degree)
• Mandatory minimum 3 years actual incarceration
• Permanent license revocation (may petition after 5 years)

The Critical 10-Day Rule

Georgia's most important DUI deadline (O.C.G.A. § 40-5-67.1):

What is the 10-Day Rule?

After a DUI arrest, you have only 10 business days to take action or your license will be automatically suspended.

Your Two Options (Choose One)

Option 1: Request ALS Hearing

• Request Administrative License Suspension (ALS) hearing within 10 business days
• Hearing with DDS (Department of Driver Services)
• Challenge license suspension administratively
• Filing fee: $150
• Temporary driving permit issued until hearing (usually 30-90 days)
• Hearing outcome independent of criminal case

Option 2: Apply for Ignition Interlock Device (IID) Limited Permit

• Apply for IID permit within 10 business days
• Allows you to drive with IID installed
• Fee: $25 application + IID costs
• Can drive anywhere with IID (not just work)
• Must maintain for minimum 12 months
• Waives right to ALS hearing

What Happens If You Miss the 10-Day Deadline?

• License automatically suspended 30 days after arrest
• Hard suspension - NO driving for 30 days (first offense) or 90 days (refusal/subsequent)
• Then eligible for limited permit after hard suspension
• No chance to challenge suspension administratively

Administrative License Suspension (ALS)

Georgia has separate administrative and criminal DUI processes:

ALS Suspension Lengths

If You Took Test and BAC 0.08%+:

• First offense: 12-month suspension
• Second offense (within 5 years): 3-year suspension
• Third offense (within 5 years): 5-year suspension

If You Refused Test:

• First refusal: 12-month suspension
• Second refusal (within 5 years): 3-year suspension
• Third refusal (within 5 years): 5-year suspension
• Plus: Refusal enhances criminal penalties

ALS Hearing

If you request hearing within 10 days:

• Administrative hearing before DDS hearing officer
• Limited scope - only addresses:
  • Was there probable cause for arrest?
  • Were you driving or in actual physical control?
  • Did you refuse test or have BAC 0.08%+?
  • Were proper procedures followed?
• You can subpoena officer and cross-examine
• Outcome: Sustain or rescind suspension
• If you win: Suspension rescinded, license restored
• If you lose: Suspension takes effect immediately

Ignition Interlock Device (IID)

When Required

• Second DUI conviction: 12 months minimum upon reinstatement
• Third+ DUI conviction: 12 months minimum upon reinstatement
• Voluntary: Can elect IID permit within 10 days of first offense arrest
• Refusing test: May be required for limited permit

How IID Works in Georgia

• Device installed by state-approved vendor
• Must blow clean breath sample to start vehicle
• Random rolling retests while driving (every 15-45 minutes)
• Camera takes photo during each test (to verify driver)
• Monthly calibration and data downloads required
• Any violations (failed test, tampering, missed calibration) reported to DDS

IID Costs

• Installation: $75-$150
• Monthly lease/monitoring: $75-$100
• Calibration: $10-$20/month
• Removal: $50-$75
• Total for 12 months: $1,100-$1,600

Limited Driving Permits

Work/School Permit (First Offense)

After 120 days of suspension (first offense):

• Can apply for limited permit
• Allows driving for:
  • Work or employment-related duties
  • School or educational activities
  • Medical appointments
  • DUI school and alcohol treatment
  • Court-ordered obligations
• Must complete DUI school first
• Must obtain SR-22 insurance
• Application fee: $210

IID Limited Permit (Any Offense)

If you elect IID permit within 10 days:

• Can drive ANYWHERE with IID installed
• Not limited to work/school
• Available for first, second, or third offense
• Must maintain for minimum 12 months
• Waives ALS hearing rights

DUI Risk Reduction Program

Georgia requires 20-hour DUI school for all DUI convictions:

Requirements

• 20 hours of classroom instruction
• Must be state-approved DDS program
• Topics: Effects of alcohol/drugs, Georgia laws, victim impact, risk reduction
• Cost: $270-$360 (varies by provider)
• Must complete to be eligible for license reinstatement

Clinical Evaluation

• Alcohol/drug assessment required
• May require treatment program if assessment shows problem
• Cost: $60-$150 for evaluation, treatment costs vary

Your Rights During DUI Stop

During Traffic Stop

• You must: Provide driver's license, registration, and insurance
• You have right to: Remain silent beyond identification
• You do NOT have to: Answer "where are you coming from?" or "have you been drinking?"
• You do NOT have to: Perform field sobriety tests (FSTs) - VOLUNTARY in Georgia
• You do NOT have to: Take preliminary breath test (PBT) at roadside - VOLUNTARY

After Arrest - Implied Consent

Georgia's Implied Consent Law (O.C.G.A. § 40-5-67.1):

• By driving in Georgia, you've consented to chemical testing if arrested
• Officer must read Implied Consent Notice
• You must choose: Breath, blood, or urine test (officer's choice of which offered)
• Refusal consequences:
  • Automatic 12-month license suspension (longer for subsequent refusals)
  • Refusal can be mentioned at trial
  • Refusal is separate misdemeanor for CDL holders
  • Still can be convicted of DUI less safe without test

Should You Refuse Testing in Georgia?

This is a difficult decision with no clear answer:

Reasons to Take Test:

• Avoid automatic 12-month refusal suspension
• Refusal looks bad to judge/jury
• Can still be convicted of DUI less safe even with refusal
• Can fight BAC results with expert testimony

Reasons to Refuse:

• No BAC number for prosecution to use
• State must prove DUI less safe (harder than per se)
• Can challenge officer observations and FSTs

10-Year Lookback Period

Georgia uses 10-year lookback for DUI convictions:

• How it works: Prior DUI counts as "second offense" if within 10 years of first
• Measured from: Arrest date to arrest date (not conviction dates)
• After 10 years: Prior DUI does NOT enhance penalties (treated as first offense for sentencing)
• HOWEVER: Lifetime DUI convictions still tracked for habitual violator and felony DUI purposes
• Example: DUI in 2015, DUI in 2026 = First offense penalties (more than 10 years)

Total Cost of DUI in Georgia

Frequently Asked Questions

What is the 10-day rule in Georgia DUI?

After a DUI arrest in Georgia, you have only 10 BUSINESS days to either (1) request an ALS hearing to challenge your license suspension, OR (2) apply for an ignition interlock device limited permit. If you do neither, your license automatically suspends 30 days after arrest. This is the most critical deadline in Georgia DUI - don't miss it!

What is DUI less safe in Georgia?

"DUI less safe" means you were impaired by alcohol, drugs, or any substance to the extent that you were a less safe driver. You can be convicted of DUI less safe even if your BAC is under 0.08%, or even if you refuse all testing and have no BAC evidence at all. Conviction is based on officer observations, driving behavior, appearance, speech, balance, and field sobriety test performance.

Can I refuse a breathalyzer in Georgia?

You can refuse the roadside preliminary breath test (PBT) - it's voluntary. However, once arrested, refusing the official state-administered test (breath, blood, or urine) triggers automatic 12-month license suspension under Georgia's Implied Consent law. Refusal can still be mentioned at trial, and you can still be convicted of DUI less safe without any BAC test.

How long does a DUI stay on your record in Georgia?

A DUI conviction stays on your criminal record permanently in Georgia. DUIs cannot be expunged or sealed. For driver's license purposes, DUI convictions remain on your driving record for life. For sentencing enhancement, Georgia uses a 10-year lookback period - a prior DUI only enhances penalties if it occurred within 10 years of your current DUI arrest.

Can I get a DUI on a bicycle in Georgia?

No. Georgia DUI law applies only to "motor vehicles" (O.C.G.A. § 40-6-391). Bicycles are not motor vehicles under Georgia law. However, you can be charged with other offenses like reckless conduct or public intoxication if riding a bike while intoxicated creates a danger.

What happens if I get a second DUI in Georgia?

A second DUI within 10 years is a high and aggravated misdemeanor with minimum 72 hours jail (or 30 days community service), $600-$1,000 fine, 3-year license suspension (can get limited permit after 18 months), mandatory ignition interlock for 12 months, DUI school, and 240 hours community service. Your mugshot may be published in the newspaper.

Will I go to jail for first DUI in Georgia?

Jail is possible (10 days to 12 months) but many first-time offenders receive probation. Georgia law requires minimum 24 hours in custody, but judges often credit time served during arrest or allow it to be served as community service. An experienced DUI attorney can often negotiate probation instead of jail time for first offense.