Georgia DUI Laws and Penalties (2026)
A complete guide to DUI and DWI laws in Georgia, including penalties for first and repeat offenses, BAC limits, license suspension rules, and when a DUI becomes a felony.
Georgia DUI At a Glance
First Offense DUI in Georgia
10 days–12 months jail, $300–$1,000 fine, 1-year suspension
Habitual violator status possible after repeat offenses
Second Offense DUI in Georgia
90 days–12 months jail, $600–$1,000 fine, 3-year suspension
When Does a DUI Become a Felony in Georgia?
In Georgia, a DUI typically becomes a felony charge at the 4th offense in 10 years. Additional circumstances that can elevate a DUI to a felony include:
- Causing injury or death to another person while driving impaired
- Having a child passenger in the vehicle
- Having an extremely high BAC (typically 0.15% or 0.16%+)
- Driving on a suspended or revoked license due to a prior DUI
Georgia DUI BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Under 21 | 0.00%–0.02% (zero tolerance) |
| Commercial Driver (CDL) | 0.04% |
Refusing a Breathalyzer in Georgia
Georgia, like all U.S. states, has an implied consent law. By driving on Georgia roads, you implicitly consent to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a test will typically result in automatic license suspension, separate from any DUI conviction, and the refusal can be used against you in court.
DUI vs. DWI in Georgia
Different states use different terminology. Georgia uses DUI (Driving Under the Influence) as its primary statute, though both alcohol and drug impairment can result in charges.
Finding a DUI Lawyer in Georgia
If you are facing a DUI charge in Georgia, it is strongly recommended to consult with a qualified DUI defense attorney as soon as possible. An attorney can:
- Review the circumstances of your arrest for procedural errors
- Challenge the accuracy of BAC testing equipment
- Negotiate for reduced charges or alternative sentencing
- Represent you at DMV hearings to contest license suspension