What are DUI penalties in Georgia?

Georgia DUI law is codified at O.C.G.A. § 40-6-391 and is enforced strictly through the Department of Driver Services (DDS).

1. BAC Limits — .08% for drivers 21+, .04% for commercial drivers, .02% for drivers under 21 (zero tolerance).

2. First Offense — Misdemeanor: 24 hours minimum jail (up to 12 months), $300-$1,000 fine plus surcharges, 40 hours community service, 1-year license suspension (eligible for limited permit after 120 days with completion of DUI Risk Reduction Program — 'DUI School'), 12 months probation, and clinical evaluation.

3. Second Offense within 10 years — Misdemeanor: 72 hours to 12 months jail (mandatory minimum 72 hours), $600-$1,000 fine, 30 days community service, 3-year license suspension, mandatory IID for 8 months after license restoration, vehicle license plate seizure, and clinical evaluation/treatment.

4. Third Offense within 10 years — High and Aggravated misdemeanor: 15 days to 12 months jail (15 days mandatory), $1,000-$5,000 fine, 30 days community service, 5-year license revocation, declaration as a Habitual Violator, name and photo published in local newspaper.

5. Fourth Offense within 10 years — Felony: 1-5 years prison ($1,000-$5,000 fine), permanent license revocation possible.

6. Implied Consent (O.C.G.A. § 40-5-67.1) — Refusing the state-administered chemical test triggers a 1-year administrative license suspension with no limited permit available. Refusal cannot be used as evidence against you criminally (Olevik v. State, 2017) but still triggers the civil suspension.

7. Ignition Interlock — Required for second and subsequent DUI offenders for at least 8 months after license restoration.

8. Aggravating Factors — BAC .15+ adds enhanced clinical evaluation requirements; child under 14 in vehicle triggers a separate child endangerment charge (each child = separate count).

This is legal information, not legal advice.