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Georgia DUI Laws



Quick Guide to Georgia DUI Laws 

Georgia DUI Law

Georgia DUI laws are quite relaxed compared to other states, but the penalties are still severe and defaming in some cases.  A plea bargain to a “wet reckless” charge is actually prohibited by Georgia DUI laws, and multiple offenses can carry a felony charge and multiple years of jail time.  This article will discuss specific Georgia DUI law, as well as an overview of penalties and fines within GA.  

Specific Georgia DUI Laws

The majority of laws are listed under Section 40 of the Official Code of GA.  Some important laws are referenced below: 

1. O.C.G.A. 40-5-57.1: this code explains license revocation following a DUI for a person under the age of 21. 

2. O.C.G.A. 40-5-67: this code explains the license revocation for a person 21 or older, as well as procedures for a temporary driving permit.  

3. O.C.G.A 40-5-75: this code provides details about the suspension of licenses associated with the possession, distribution, manufacturing, cultivation, sale or transfer, or driving the under the influence of controlled substances or marijuana.  

4. O.C.G.A 40-6-392: this code explains specific percentages of controlled substances that qualify an individual for a DUI.  

5. O.C.G.A 40-6-391: this code explains penalties and fines associated with first and subsequent offenses, as well as penalties for child endangerment.  Some of the Georgia DUI law under this section is explained in the next section. 

Georgia DUI Laws for Penalties

The penalties listed by Georgia DUI law are general to the entirety of cases.  If the accident involved serious injury to another party, the person convicted of a DUI will face severe penalties and fines according to Georgia DUI law.  

First Offense

Jail time- 24 hours to 1 year
Community Service- minimum of 40 hours
License suspension- up to 1 year
License Reinstatement- $210
Fine- $300 to $1,000

Second Offense
Jail time- 3 days to 1 year
Community Service- 30 days minimum
License suspension- 3 years
License Reinstatement- $210
IID- if court allows
Fine- $600 to $1,000
Treatment Program- required 

Third Offense
Jail time- 15 days to 1 year
Community Service- 30 days minimum
License suspension- 5 years
License Reinstatement- $210
IID- if court allow
Fine- $1,000 to $5,000
Treatment Program- required
Newspaper- local newspaper coverage

Fourth Offense
Jail time- 1 year to 5 years, and a felony conviction
Community Service- 60 days minimum
Fine- $1,000 to $5,000
Treatment Program- required

Georgia DUI Law for Refusing Chemical Test

According to Georgia DUI laws, a person who refuses a chemical test will usually receive the maximum sentence, and jail time and license suspension will usually be mandated to the fullest extent.  According to Georgia DUI laws, a person will have their license suspended for one year for a first offense, 3 years for a second offense, and 5 years for a third offenses.  

Also, a third offense in the state of Georgia requires a minimum 15 days in jail, and refusal to take a chemical test will usually result in a felony charge—even for the third offense.  

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