Georgia DUI Laws & Penalties

This page sets out Georgia DUI laws section by section. The statute calls drunk driving “driving under the influence of alcohol, drugs, or other intoxicating substances”. A first offense is a misdemeanor and carries 10 days to 12 months in jail and a fine of $300 to $1,000.

Checked October 31, 2026 against the Official Code of Georgia Annotated (Georgia General Assembly public access, LexisNexis)

Georgia DUI laws: penalties by offense

Georgia DUI penalties
Offense	Classification	Jail	Fine	License
1st	Misdemeanor	10 days to 12 months	$300 to $1,000 O.C.G.A. § 40-6-391(c), (c)(1)(A)-(F) “Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor” “(A) A fine of not less than $300.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;” “(B) A period of imprisonment of not fewer than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph;” “(C) Not fewer than 40 hours of community service”	12 months; early reinstatement after 120 days with proof of DUI school and a $210 fee ($200 by mail) O.C.G.A. § 40-5-63(a)(1) “Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be 12 months. At the end of 120 days, the person may apply to the department for early reinstatement of his or her driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail”
2nd	Misdemeanor	90 days to 12 months	$600 to $1,000 O.C.G.A. § 40-6-391(c), (c)(2)(A)-(F) “upon a first or second conviction thereof, be guilty of a misdemeanor” “(A) A fine of not less than $600.00 and not more than $1,000.00” “(B) A period of imprisonment of not fewer than 90 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment” “provided, however, that the offender shall be required to serve not fewer than 72 hours of actual incarceration;” “(C) Not fewer than 30 days of community service;”	3 years if within 5 years of the first conviction; reinstatement possible after 18 months with DUI school, 1 year of ignition interlock and the restoration fee O.C.G.A. § 40-5-63(a)(2) “Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be three years.” “except that if such license was suspended as a result of a second conviction of a violation of Code Section 40-6-391 within five years, the person shall not be eligible to apply for license reinstatement until the end of 18 months.” “provides proof of installation and maintenance of an ignition interlock device for a period of one year coinciding with the issuance of an ignition interlock device limited driving permit as provided in Code Section 40-5-64.1 unless waived due to financial hardship, and pays the prescribed restoration fee.”
3rd	High and aggravated misdemeanor	120 days to 12 months	$1,000 to $5,000 O.C.G.A. § 40-6-391(c), (c)(3)(A)-(F) “upon a third conviction thereof, be guilty of a high and aggravated misdemeanor” “(A) A fine of not less than $1,000.00 and not more than $5,000.00” “(B) A mandatory period of imprisonment of not fewer than 120 days and not more than 12 months.” “provided, however, that the offender shall be required to serve not fewer than 15 days of actual incarceration;”	Revoked as a habitual violator for 5 years when all three convictions fall within 5 years; a new license then requires DUI school and a $410 fee ($400 by mail) O.C.G.A. § 40-5-63(a)(3); § 40-5-62(a)(1)-(3), (c) “Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and such license shall be revoked as provided for in paragraphs (1) through (3) of subsection (a) of Code Section 40-5-62.” “shall not be eligible to apply for a new license nor restoration of his or her nonresident's operating privilege until the earlier of: (1) Five years from the date on which the revoked license was surrendered to and received by the department pursuant to a person's having been declared a habitual violator under Code Section 40-5-58;” “the department shall not issue a new license to any person whose license was revoked as a habitual violator for three violations of Code Section 40-6-391 within a five-year period unless and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program.” “the department shall charge a fee of $410.00 or $400.00 if processed by mail in addition to the fee prescribed by Code Section 40-5-25”

Higher penalties and special cases

Fourth offense: Fourth conviction within 10 years is a felony: 1 to 5 years (all but 90 days may be suspended), fine of $1,000 to $5,000, at least 60 days of community service, 5 years of probation. Only convictions on or after July 1, 2008 count toward it.
O.C.G.A. § 40-6-391(c), (c)(4), (c)(7)
“upon a fourth or subsequent conviction thereof, be guilty of a felony”
“(B) A period of imprisonment of not less than one year and not more than five years; provided, however, that the judge may suspend, stay, or probate all but 90 days of any term of imprisonment imposed under this paragraph.”
“(C) Not fewer than 60 days of community service”
“(F) A period of probation of five years less any days during which the person is actually imprisoned;”
“only those offenses for which a conviction is obtained or a plea of nolo contendere is accepted on or after July 1, 2008, shall be considered”
Child under 14 in the vehicle: DUI with a child under 14 in the vehicle is a separate crime (endangering a child by DUI) that does not merge with the DUI. 1st or 2nd conviction: misdemeanor, fine up to $1,000, up to 12 months in jail, or both. 3rd or later: felony, fine of $1,000 to $5,000, 1 to 3 years in prison, or both.
O.C.G.A. § 40-6-391(l); § 16-12-1(d)(1)-(2)
“A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs. The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing.”
“An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1.”
“(1) Upon conviction of the first or second offense, the defendant shall be guilty of a misdemeanor and shall be fined not more than $1,000.00 or shall be imprisoned for not more than 12 months, or both fined and imprisoned; and”
“(2) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than three years, or both fined and imprisoned.”
Drug DUI: A DUI conviction for drugs, a drug and alcohol combination, or any marijuana or controlled substance in blood or urine suspends the license by operation of law. 1st: at least 180 days, reinstatement after 180 days with DUI school and a $210 fee ($200 by mail). 2nd within 5 years: 3 years, reinstatement possible after 1 year with DUI school and a $310 fee ($300 by mail). 3rd within 5 years: revoked as a habitual violator.
O.C.G.A. § 40-5-75(a)(1)-(3), (e)
“The driver's license of any person convicted of driving or being in actual physical control of any moving vehicle while under the influence of a controlled substance or marijuana in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391, or the equivalent law of any other jurisdiction, shall by operation of law be suspended”
“the period of suspension shall be for not less than 180 days. At the end of 180 days, the person may apply to the department for reinstatement of his or her driver's license. Such license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays to the department a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail;”
“(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction, the person may apply to the department for reinstatement of his or her driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and paying to the department a restoration fee of $310.00 or $300.00 when such reinstatement is processed by mail; and”
“(3) Upon the third or subsequent conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and such person's license shall be revoked as provided for in Code Section 40-5-58.”
“shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both.”
Drivers under 21: Under 21 at 0.02 or more: misdemeanor for the 1st and 2nd, high and aggravated misdemeanor from the 3rd, same fines and jail as § 40-6-391(c); community service must be done within 60 days; no nolo contendere plea
O.C.G.A. § 40-6-391(k)(2)-(3), (c)(1)(C)
“Every person convicted of violating this subsection shall be guilty of a misdemeanor for the first and second convictions and upon a third or subsequent conviction thereof be guilty of a high and aggravated misdemeanor and shall be punished and fined as provided in subsection (c) of this Code section”
“any period of community service imposed on such person shall be required to be completed within 60 days of the date of sentencing.”
“No plea of nolo contendere shall be accepted for any person under the age of 21 charged with a violation of this Code section.”
“except that for a conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not fewer than 20 hours”
Commercial vehicles: 0.04 or more in a commercial vehicle is a misdemeanor fined as under § 40-6-391(c), on top of any CDL disqualification
O.C.G.A. § 40-6-391(i)
“Every person convicted of violating this subsection shall be guilty of a misdemeanor and, in addition to any disqualification resulting under Article 7 of Chapter 5 of this title, the "Uniform Commercial Driver's License Act," shall be fined as provided in subsection (c) of this Code section.”
Newspaper notice after a second conviction: A second or later conviction within 5 years is published in the county legal organ with the driver's photo and address; the driver pays $25
O.C.G.A. § 40-6-391(j)(1)-(2)
“The clerk of the court in which a person is convicted a second or subsequent time under subsection (c) of this Code section within five years”
“shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, the name of the convicted person, the city, county, and zip code of the convicted person's residential address”
“shall be assessed $25.00 for the cost of publication of such notice”
Nolo contendere pleas: A nolo contendere plea counts as a conviction for sentencing and for counting earlier DUIs
O.C.G.A. § 40-6-391(c)(6); § 40-5-67.1(g)(4)(A)
“For the purpose of imposing a sentence under this subsection, a plea of nolo contendere based on a violation of this Code section shall constitute a conviction”
“An accepted plea of nolo contendere shall be entered on the driver's license record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 40-6-391.”

The legal limit in Georgia

0.08Drivers 21 and over · O.C.G.A. § 40-6-391(a)(5)
0.02Drivers under 21 · O.C.G.A. § 40-6-391(k)(1)
0.04Commercial drivers · O.C.G.A. § 40-6-391(i), O.C.G.A. § 40-5-67.1(b)(3)

Refusing a breath or blood test

First refusal: 1 year license suspension (administrative); a refusal of blood or urine testing can be used as evidence at trial
With an earlier record: 1 year, the same as a first refusal; drivers with a DUI conviction in the past 5 years cannot get the interlock limited permit

O.C.G.A. § 40-5-67.1(b)(2), (c), (d), (g)(1); § 40-5-67.2(a); § 40-5-64.1(a)(2)

“If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial.”

“the department shall suspend the person's driver's license, permit, or nonresident operating privilege for a period of one year or if the person was operating or in actual physical control of a commercial motor vehicle, the department shall disqualify the person from operating a commercial motor vehicle”

“shall remit to the department a $150.00 filing fee together with a request, in writing, for a hearing within 30 days from the date of personal notice”

“the department shall suspend the person's driver's license, permit, or nonresident operating privilege pursuant to Code Section 40-5-67.2”

“Any driver's license required to be suspended under subsection (c) of Code Section 40-5-67.1 shall be suspended subject to the following terms and conditions:”

“Any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years ... and whose driver's license is subject to an administrative driver's license suspension pursuant to subsection (d) of Code Section 40-5-67.1, may apply for an ignition interlock device limited driving permit with the department.”

Ignition interlock in Georgia

Second or later DUI conviction within 5 years with probation: the court issues an ignition interlock certificate; the device must be in every vehicle the person drives for at least 1 year, plus at least 120 days of substance abuse treatment or a DUI/accountability court program. A court may exempt the person for financial hardship, but then no driving privilege of any kind is allowed for 1 year.

O.C.G.A. § 42-8-111(a)(1)-(3), (b); § 40-5-63(a)(2)

“Upon a second or subsequent conviction of a resident of this state for violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, for which such person is granted probation, the court shall issue a certificate of eligibility for an ignition interlock device limited driving permit or probationary license”

“Such person shall have installed and shall maintain in any other motor vehicle to be driven by such person for a period of not less than one year a functioning, certified ignition interlock device, and such person shall not drive any motor vehicle whatsoever that is not so equipped during such period.”

“for a period of not less than 120 days.”

“If a court grants an exemption from the ignition interlock device requirements, such person shall not be eligible for a limited driving permit or any other driving privilege for a period of one year.”

How earlier offenses count

10 years for criminal penalties, measured from the arrest date of each earlier DUI that ended in a conviction or nolo plea to the arrest date of the current DUI. License suspension, interlock and permit rules and newspaper publication use a 5-year window measured the same way. Out-of-state and federal DUI convictions count.

O.C.G.A. § 40-6-391(c)(1)-(3), (h); § 40-5-63(a)(1)-(3); § 42-8-111(a)

“within the previous ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted”

“within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained”

“Any previously or currently existing law of this or any other state, which law was or is substantially conforming to or parallel with this Code section.”

Driving to work after a DUI: limited driving permit

Who qualifies: No DUI conviction in the past 5 years (arrest to arrest), with a first-DUI suspension under § 40-5-63(a)(1) or an administrative suspension under § 40-5-67.2(a)(1)
O.C.G.A. § 40-5-64(a)(1)(D)-(E)
“any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest, may apply for a limited driving permit when that person's driver's license has been suspended in accordance with:”
“(D) Paragraph (1) of subsection (a) of Code Section 40-5-63;”
“(E) Paragraph (1) of subsection (a) of Code Section 40-5-67.2;”
Showing hardship: Extreme hardship: no other reasonable transportation for work, medical care, school, support meetings, court-ordered programs, court or probation, community service, carrying a family member without a license, or accountability court activities
O.C.G.A. § 40-5-64(c)
“The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. Except as otherwise provided by subsection (c.1) of this Code section, for the purposes of this Code section, the term "extreme hardship" means that the applicant cannot reasonably obtain other transportation”
Waiting period: Can apply right after the conviction once the license has been surrendered
O.C.G.A. § 40-5-64(e)(2)
“A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her driver's license to the court in which the conviction was adjudged or to the department if the department has processed the administrative driver's license suspension form or conviction.”
Other conditions: The permit may limit the routes and hours of travel and which vehicles may be driven
O.C.G.A. § 40-5-64(d)
“A limited driving permit shall be endorsed with such conditions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship.”
“(1) Specific places between which the permittee may be allowed to operate a motor vehicle; (2) Routes to be followed by the permittee; (3) Times of travel; (4) The specific vehicles which the permittee may operate”
How long it lasts: $32; valid 1 year for a first-DUI suspension and 30 days for an administrative suspension; renewable for $10
O.C.G.A. § 40-5-64(e)(1), (e)(3)
“A limited driving permit issued pursuant to this Code section shall be $32.00 and shall become invalid upon:”
“In accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391”
“(B) The expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2”
“Limited driving permits issued pursuant to this Code section are renewable upon payment of a renewal fee of $10.00.”
After an administrative suspension: After an administrative suspension (failed test or refusal), a driver with no DUI conviction in 5 years can get an ignition interlock limited permit for $25 within 30 days of the notice; taking it waives the hearing
O.C.G.A. § 40-5-64.1(a)(1)-(2), (c)(1)(A); § 40-5-67.1(g)(1)
“and whose driver's license is subject to an administrative driver's license suspension pursuant to subsection (d) of Code Section 40-5-67.1, may apply for an ignition interlock device limited driving permit with the department.”
“The department shall issue an ignition interlock device limited driving permit for a fee of $25.00 and:”
“(i) Within 30 days from the date on which notice was given pursuant to subsection (g) of Code Section 40-5-67.1;”
“The issuance of an ignition interlock device limited driving permit to a person eligible for such permit under paragraph (1) or (2) of subsection (a) of Code Section 40-5-64.1 shall constitute a waiver of the right to a hearing under this subsection.”
Hearing waiver: Taking the ignition interlock limited permit after an administrative suspension gives up the right to the administrative hearing
O.C.G.A. § 40-5-64.1(c)(1)(A)(iii)
“Upon the applicant's execution of an affidavit attesting that the hearing afforded under subsection (g) of Code Section 40-5-67.1 has been waived”
Two or more convictions: Second DUI within 5 years: an ignition interlock limited permit after serving at least 120 days of the suspension, with an accountability court certificate or proof of enrollment in substance abuse treatment
O.C.G.A. § 40-5-64.1(a)(3), (c)(1)(B)
“Any person whose driver's license has been suspended as a result of a second conviction for violating Code Section 40-6-391 within five years”
“may apply for an ignition interlock device limited driving permit after serving at least 120 days of the suspension required for such conviction.”
“upon the submission of a certificate of eligibility from an accountability court, as such term is defined in Code Section 15-1-18, or the submission of proof of enrollment in a substance abuse treatment program as provided in Code Section 40-5-63.1”
Ignition interlock: The interlock permit is valid 1 year and allows driving only for work, medical care, school, treatment meetings, court-ordered programs, court or probation, family transport and monthly device monitoring visits; after 1 year of monitoring the device requirement ends
O.C.G.A. § 40-5-64.1(d)(1), (e)
“An ignition interlock device limited driving permit shall be valid for a period of one year. Upon successful completion of one year of monitoring of such ignition interlock device, the restriction for maintaining and using such ignition interlock device shall be removed”
“An ignition interlock device limited driving permit shall be restricted to allow the holder thereof to drive solely for the following purposes:”
“Going for monthly monitoring visits with the permit holder's ignition interlock device service provider.”
Commercial vehicles: No ignition interlock permit for a holder of a commercial driver's license, anyone under 21, or after an administrative suspension for a crash with injuries or deaths
O.C.G.A. § 40-5-64.1(a)(4)
“The department shall not issue an ignition interlock device limited driving permit to any person: (A) Under 21 years of age; (B) Who is not currently licensed to operate a motor vehicle in this state; (C) Who currently holds a license to drive a commercial motor vehicle; (D) Whose driver's license is subject to an administrative suspension for involvement in a traffic accident resulting in injuries or fatalities”
Driving outside the limits: Driving outside the permit's conditions is a misdemeanor; after a revocation no license for 6 months (2 years after a second interlock permit revocation)
O.C.G.A. § 40-5-64(g)(2), (j); § 40-5-64.1(f)(3), (i)
“Any permittee who operates a motor vehicle in violation of any condition specified on the permit shall be guilty of a misdemeanor.”
“any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department.”
“Any person whose ignition interlock device limited driving permit has previously been revoked shall not be eligible to apply for a driver's license until two years from the date such permit was surrendered to the department.”
Appeal: A refused or revoked permit can be challenged by written request for a hearing, held within 30 days
O.C.G.A. § 40-5-64(h); § 40-5-64.1(g)
“Any person whose permit has been revoked or who has been refused a permit by the department may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request”

Recent changes to Georgia DUI law

The sections cited on this page were amended by the laws below. Where the official text does not say what an amendment changed, we list the citation only.

O.C.G.A. § 40-5-64: Ga. L. 2023, p. 123, § 1/HB 120, effective May 1, 2023 and January 1, 2024. Added (a)(1)(G) effective May 1, 2023; rewrote subsections (a), (e) and (g) effective January 1, 2024.
O.C.G.A. § 40-5-67.1: Ga. L. 2024, p. 1052, § 4(53)/SB 448, effective July 1, 2024. Code revision act; revised punctuation in paragraph (g)(3).
O.C.G.A. § 40-5-67.2: Ga. L. 2024, p. 1052, § 4(54)/SB 448, effective July 1, 2024. Code revision act; punctuation only at the end of paragraphs (a)(1) and (a)(2).

Sources

Every figure above is quoted from the Official Code of Georgia Annotated (Georgia General Assembly public access, LexisNexis), read on October 31, 2026. Sections cited: O.C.G.A. § 40-6-391(c), (c)(1)(A)-(F); O.C.G.A. § 40-5-63(a)(1); O.C.G.A. § 40-6-391(c), (c)(2)(A)-(F); O.C.G.A. § 40-5-63(a)(2); O.C.G.A. § 40-6-391(c), (c)(3)(A)-(F); O.C.G.A. § 40-5-63(a)(3); § 40-5-62(a)(1)-(3), (c); O.C.G.A. § 40-6-391(a)(5); O.C.G.A. § 40-6-391(k)(1); O.C.G.A. § 40-6-391(i),O.C.G.A. § 40-5-67.1(b)(3); O.C.G.A. § 40-6-391(c), (c)(4), (c)(7); O.C.G.A. § 40-6-391(l); § 16-12-1(d)(1)-(2); O.C.G.A. § 40-5-75(a)(1)-(3), (e); O.C.G.A. § 40-6-391(k)(2)-(3), (c)(1)(C); O.C.G.A. § 40-6-391(i); O.C.G.A. § 40-6-391(j)(1)-(2); O.C.G.A. § 40-6-391(c)(6); § 40-5-67.1(g)(4)(A); O.C.G.A. § 40-5-67.1(b)(2), (c), (d), (g)(1); § 40-5-67.2(a); § 40-5-64.1(a)(2); O.C.G.A. § 42-8-111(a)(1)-(3), (b); § 40-5-63(a)(2); O.C.G.A. § 40-6-391(c)(1)-(3), (h); § 40-5-63(a)(1)-(3); § 42-8-111(a).

This page is legal information. For advice on your own case, speak to a lawyer licensed in Georgia. Courts apply these sections to the facts of each case, and the law can change after the date above.