Georgia · DUI

Georgia DUI laws and penalties

Georgia's legal BAC limit is 0.08%. For a first offense, Georgia's statute provides jail of 10 days to 12 months, a fine of $300 to $1,000, and a license suspension of 12 months. The license hearing, the ignition interlock rule and the statute behind every figure are below.

Figures read from official pages on Oct 27, 2026.

Georgia · county map

One county has a page: select it to open it, or find it under Counties below. The other counties are added as data is published.

Legal BAC limit: 0.08%; Standard US limit
Enhanced penalty BAC: None; No higher tier in the law
Zero tolerance (under 21): 0.02%; Limit for drivers under 21
Lookback period: 10 years; Prior DUI offenses that count

License hearing: ask within 30 days

Ask in writing within 30 days of the notice (handed to you, or received by certified mail), with a $150 filing fee; otherwise the right to the hearing is waived. This is the hearing on the administrative suspension that follows a failed or refused test. Count the days with the license-hearing window calculator.

No ignition interlock requirement

Higher BAC level. No high-BAC tier: the penalty depends on the number of convictions in ten years. At 0.08 or more the judge may suspend all but 24 hours of a first offender's jail term; below 0.08 the whole term can be suspended.

Ignition interlock. Not part of a first conviction: the court's interlock condition starts at a second conviction within five years. A first-time arrestee can choose an interlock permit.

Lookback. 10 years for sentencing; 5 years for the license-suspension tiers.

Georgia counts prior convictions within ten years for sentencing (offenses on or after July 1, 2008) and within five years for license suspension. First offense: a fine of $300 to $1,000 and 10 days to 12 months in jail, all but 24 hours of which may be suspended when the alcohol concentration was 0.08 or more. Second offense: $600 to $1,000 and 90 days to 12 months, of which at least 72 hours must be served. There is no high-BAC tier. The words are those of the General Assembly's session laws.

01Penalties

Georgia DUI penalties

Statutory ranges for standard DUI convictions (no accident, no minor in vehicle).

Georgia statutory DUI penalties, first and second offense
Penalty	1st offense	2nd offense
Jail (minimum)	10 days	90 days
Jail (maximum)	12 months	12 months
Fine (minimum)	$300	$600
Fine (maximum)	$1,000	$1,000
License suspension	12 months	3 years

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How Georgia compares

Of the 49 states with a confirmed BAC limit, 48 (Georgia among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Georgia does not require one.

The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Georgia gives 30.

Georgia and the states that border it, first-offense figures side by side
State	BAC limit	Hearing request	Interlock, first offense	Jail, first offense	Fine, first offense	License, first offense
Alabama	0.08%	10 days	In some cases	Up to 1 year	$600 to $2,100	90 days
Florida	0.08%	10 days	At the judge's discretion	Up to 6 months	$500 to $1,000	180 days to 1 year
Georgia (this page)	0.08%	30 days	Not required	10 days to 12 months	$300 to $1,000	12 months
North Carolina	0.08%	10 days	In some cases	48 hours to 120 days	Up to $500	1 year
South Carolina	0.08%	30 days	Required	48 hours to 30 days	$400	Suspension ended by enrolling in the interlock program; interlock required for 6 months
Tennessee	0.08%	No fixed deadline	Required	48 hours to 11 months and 29 days	$350 to $1,500	1 year

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How a DUI case moves through the system in Georgia

The typical sequence, in general terms. Timing and details differ by county and by case.

Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Ask in writing within 30 days of the notice (handed to you, or received by certified mail), with a $150 filing fee; otherwise the right to the hearing is waived. This is the hearing on the administrative suspension that follows a failed or refused test.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Georgia's statute provides jail of 10 days to 12 months, a fine of $300 to $1,000, and a license suspension of 12 months. See the penalties table above.

04Counties

Counties in Georgia

One county has a page here, with the state's arrest counts where it publishes them.

County pageFulton CountySample figures only

05Sources

Where Georgia's figures come from

Each figure was read on the official page linked here between Oct 26, 2026 and Oct 27, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.

O.C.G.A. § 40-6-391(a), (c) (dlg.usg.edu)Main statute · Higher BAC level · Lookback period · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum
O.C.G.A. § 40-6-391(a)(5) (dlg.usg.edu)BAC limit, age 21 and over
O.C.G.A. § 40-6-391(k)(1) (dps.georgia.gov)BAC limit under 21
O.C.G.A. § 40-5-67.1(g)(1) (dlg.usg.edu)License hearing request · Ignition interlock, first offense · Second offense: license
Georgia Department of Driver Services, section 2.4 'Georgia's Impaired Driving Laws and Penalties' (O.C.G.A. § 40-6-391) (dds.georgia.gov)First offense: fine, minimum · First offense: fine, maximum · Second offense: fine, minimum · Second offense: fine, maximum
O.C.G.A. § 40-5-63(a)(1) (dlg.usg.edu)First offense: license

Show the exact words behind each figure

Main statute

O.C.G.A. § 40-6-391

O.C.G.A. § 40-6-391(a), (c)

Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to revise the punishment provisions related to driving under the influence of alcohol, drugs, or other intoxicating substances

BAC limit, age 21 and over

0.08%

O.C.G.A. § 40-6-391(a)(5)

(5) The person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended

Higher BAC level

None set by the law

O.C.G.A. § 40-6-391(c)

(c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor, upon a third conviction thereof, be guilty of a high and aggravated misdemeanor, and upon a fourth or subsequent conviction thereof, be guilty of a felony ... and shall be punished as follows: ... First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous ten years

BAC limit under 21

0.02%

O.C.G.A. § 40-6-391(k)(1)

DUI – Alcohol Per Se Under 21 (0.02 or more) 40-6-391(k)(1)

Lookback period

10 years

O.C.G.A. § 40-6-391(c)(1), (c)(2)

First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous ten years, as measured from the dates of previous arrests for which convictions were obtained ... (2) For the second conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained

License hearing request

30 days

O.C.G.A. § 40-5-67.1(g)(1)

A person whose driver's license is suspended or who is disqualified from driving a commercial motor vehicle pursuant to this Code section 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 or receipt of notice sent by certified mail ... or the right to said hearing shall be deemed waived.

Ignition interlock, first offense

Not required

O.C.G.A. § 42-8-111(a)

Upon a second or subsequent conviction of a resident of this state for violating Code Section 40-6-391 within five years ... 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, subject to the following conditions

First offense: jail, minimum

10 days

O.C.G.A. § 40-6-391(c)(1)(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

First offense: jail, maximum

12 months

O.C.G.A. § 40-6-391(c)(1)(B)

Same passage as above.

First offense: fine, minimum

$300

O.C.G.A. § 40-6-391(c)(1)(A)

First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous ten years ... (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;

Also stated in Georgia Department of Driver Services, section 2.4 'Georgia's Impaired Driving Laws and Penalties' (O.C.G.A. § 40-6-391)

First Offense Possible jail time up to one year, but not less than 24 hours Fine of $300 minimum, up to $1,000

First offense: fine, maximum

$1,000

O.C.G.A. § 40-6-391(c)(1)(A)

Same passages as above.

First offense: license

12 months

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 ... the period of suspension shall be 12 months. At the end of 120 days, the person may apply to the department for early reinstatement

Second offense: jail, minimum

90 days

O.C.G.A. § 40-6-391(c)(2)(B)

(2) For the second conviction within a ten-year period of time ... (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;

Second offense: jail, maximum

12 months

O.C.G.A. § 40-6-391(c)(2)(B)

Same passage as above.

Second offense: fine, minimum

$600

O.C.G.A. § 40-6-391(c)(2)(A)

(2) For the second conviction within a ten-year period of time, 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: (A) A fine of not less than $600.00 and not more than $1,000.00

Also stated in Georgia Department of Driver Services, section 2.4 'Georgia's Impaired Driving Laws and Penalties' (O.C.G.A. § 40-6-391)

Second Offense within Five Years of First Offense Minimum mandatory 72 hours in jail, possible 90 days to one year Fine of $600 minimum, up to $1,000

Second offense: fine, maximum

$1,000

O.C.G.A. § 40-6-391(c)(2)(A)

Same passages as above.

Second offense: license

3 years

O.C.G.A. § 40-5-63(a)(2)

Upon the second conviction of any such offense within five years ... 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.

06Related

MapUS DUI Arrest Rate MapEvery state as one tile, colored by DUI arrests per 100,000 residents.
CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.

Georgia DUI laws at a glance