What happens if I get a DUI in Georgia?
Georgia takes a hard-line approach to DUI, with mandatory minimum jail even for first offenders and a permanent record that cannot be expunged.
1. Per Se BAC Standard
O.C.G.A. § 40-6-391(a)(5) sets the adult per se limit at 0.08% BAC; § 40-6-391(i) sets the under-21 limit at 0.02%; § 40-6-391(a)(6) sets the commercial limit at 0.04%. DUI "less safe" under § 40-6-391(a)(1) allows conviction at any BAC if impairment is shown.
2. Implied Consent
O.C.G.A. § 40-5-55 requires submission to chemical testing of the officer's designated method. A first refusal triggers a 1-year Administrative License Suspension with no limited permit option under § 40-5-67.1 (Williams v. State now bars criminal enhancement for warrantless blood-test refusal).
3. First-Offense Penalties
Misdemeanor first DUI under § 40-6-391(c)(1): 10 days to 12 months jail (24 hours mandatory, balance suspended is common), $300-$1,000 fine plus surcharges (~$1,500 total), 40 hours community service, 12-month probation, completion of a DUI Alcohol or Drug Use Risk Reduction Program, and clinical evaluation.
4. Enhancements
Fourth DUI within 10 years is a felony with 1-5 years prison under § 40-6-391(c)(4). Serious injury by vehicle (§ 40-6-394) and homicide by vehicle (§ 40-6-393) are felonies with 1-15 year sentences. Child endangerment under § 40-6-391(l) adds a separate DUI count per child.
5. Administrative License Suspension (ALS)
You have 30 days from arrest to either file a Form 1205 administrative appeal with the Georgia Department of Driver Services or install an ignition interlock device. Missing the deadline triggers the automatic 1-year ALS.
6. Court Process
Arraignment, motions hearing (suppression under O.C.G.A. § 17-5-30), plea bargaining (reckless driving "wet reckless" plea common), and bench or jury trial in State Court.
7. Long-Term Consequences
SR-22 insurance for 3 years, federal CDL disqualification for 1 year (49 C.F.R. § 383.51), Georgia DUI convictions cannot be expunged or restricted under O.C.G.A. § 35-3-37, and permanent record.
This is legal information, not legal advice.
- First DUI evaluating wet-reckless plea
- Within 30-day ALS appeal window after refusal
- CDL holder facing commercial disqualification
- O.C.G.A. § 40-6-391
- O.C.G.A. § 40-5-55
- O.C.G.A. § 40-5-67.1
- 49 C.F.R. § 383.51
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.