Georgia DUI Laws: Penalties, BAC Limit & License (2026)

In Georgia the offense is called driving under the influence (DUI), and O.C.G.A. 40-6-391 makes it unlawful to drive with a blood-alcohol concentration of 0.08 grams or more, or while less safe to drive because of alcohol or drugs. A first DUI is a misdemeanor punishable by a fine of $300 to $1,000, 10 days to 12 months in jail, 40 hours of community service, and a license suspension.

This guide is part of our DUI Laws by State series.

What counts as a DUI in Georgia

Georgia charges the offense as driving under the influence under O.C.G.A. 40-6-391. The statute creates two main theories: "DUI less safe," which means alcohol or drugs made the driver less safe to drive without requiring a specific number, and "DUI per se," which means a blood-alcohol concentration of 0.08 grams or more. Because the less-safe theory needs no test number, a driver below 0.08 can still be convicted. Commercial drivers face a 0.04 limit, and drivers under 21 fall under Georgia's zero-tolerance rule, which treats a BAC of 0.02 or more as a DUI. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05, as the National Highway Traffic Safety Administration describes. Georgia also recognizes DUI-drugs and DUI-inhalants under the same statute.

First-offense DUI penalties in Georgia (jail, fines, suspension)

A first DUI is a misdemeanor. According to the Georgia Governor's Office of Highway Safety and O.C.G.A. 40-6-391, the penalty includes a fine of not less than $300 nor more than $1,000, imprisonment of not fewer than 10 days nor more than 12 months, and a mandatory minimum of 40 hours of community service. The judge may suspend, stay, or probate the jail time, except that if the BAC was 0.08 or more the judge may suspend all but 24 hours of confinement, so a first offender usually serves at least one day. Probation typically runs 12 months less any time served. Every conviction also requires completion of a DUI Alcohol or Drug Use Risk Reduction Program and a clinical evaluation, with treatment if indicated, as the Georgia DDS confirms.

Watch out: The administrative license suspension and the criminal court case run on separate tracks. A refusal triggers an immediate administrative suspension, and you generally must request a hearing within 30 days of the notice to contest it, or install an interlock device under the first-offender refusal option to keep driving.

Ignition interlock requirements in Georgia

Georgia does not require an ignition interlock device (IID) on a typical first DUI conviction. The court must order an IID for a second or later DUI within five years, for at least one year on the vehicle the offender drives, unless the court grants a financial-hardship exemption, as the Georgia DDS explains. The device is also available as an option for a first offender who refused the state-administered test: under O.C.G.A. 40-5-64.1, that driver can install an IID to obtain an ignition interlock device limited permit rather than lose all driving privileges for the full refusal year. The device requires a breath sample before the engine starts and at random points during a trip, and it logs every reading for the DDS and the court.

License suspension and the administrative (ALS) process in Georgia

Georgia runs two tracks against the license at once. The criminal court suspends the license on a first DUI conviction for 12 months, but the Georgia DDS allows a driver 21 or older to apply for reinstatement after 120 days, provided the driver completes a DDS-approved DUI Alcohol or Drug Use Risk Reduction Program and pays the reinstatement fee. A first offender may also be eligible for a limited driving permit during the suspension. Separately, the administrative license suspension under the implied-consent law can suspend the license at arrest, most importantly for refusing the test. The arresting officer reads the implied-consent notice, and a driver who wants to contest an administrative suspension generally must request a hearing within 30 days of the notice or apply for the interlock option.

Repeat offenses and the Georgia look-back period

Georgia runs two different look-back windows, and confusing them is the most common mistake people make about a repeat DUI. The criminal charge and sentence use a 10-year window under O.C.G.A. 40-6-391. The license consequences at the DDS run on a separate five-year window under O.C.G.A. 40-5-63. Both are measured from the dates of the earlier arrests that produced convictions to the date of the current arrest.

On the criminal side, a second conviction within 10 years carries a fine of $600 to $1,000, a jail term of 90 days to 12 months with at least 72 hours actually served, and 30 days of community service. A third conviction within 10 years is a high and aggravated misdemeanor carrying a fine of $1,000 to $5,000 and a mandatory term of 120 days to 12 months with at least 15 days actually served. A fourth conviction within 10 years is a felony punishable by one to five years in prison, of which the judge may suspend, stay, or probate all but 90 days, plus 60 days of community service and a fine of not less than $1,000 and not more than $5,000. That fine cannot be suspended, stayed, or probated except under the narrow treatment and hardship provision in O.C.G.A. 40-6-391(g).

On the license side, the five-year window controls. A second conviction within five years suspends the license for three years, with reinstatement eligibility at 18 months and an ignition interlock device required for one year unless the court waives it for financial hardship, under O.C.G.A. 40-5-63(a)(2) and 42-8-111(a). Three convictions within five years make the driver a habitual violator under O.C.G.A. 40-5-58(a), which revokes the license for five years under O.C.G.A. 40-5-62.

The gap between the two windows matters. A driver whose only prior DUI arrest was six to nine years ago faces the enhanced criminal sentence for a second offense, but the DDS still treats the new conviction as a first offense on the license side: the Georgia DDS states that "a DUI suspense, first offense in 5 years, will be suspended for 12 months," with reinstatement available at 120 days. No three-year suspension, no mandatory interlock, and no habitual-violator exposure follows from a prior that old.

Separately, serious injury by vehicle and homicide by vehicle committed while DUI are felonies regardless of offense number, with substantial prison terms.

Watch out: Refusing the chemical test does not protect your license and can hurt more. A refusal triggers a 12-month administrative suspension and, if your license was suspended for the refusal before conviction, you may be ineligible for an ordinary limited driving permit unless you use the interlock option.

Refusing a breath or blood test in Georgia

Georgia's implied-consent law means that by driving in the state, you have agreed to submit to the state-administered chemical test of blood, breath, or urine if lawfully arrested for DUI. According to the Georgia DDS, refusing the test results in a minimum 12-month administrative license suspension, separate from the criminal case. A driver who refused on a first DUI is generally not eligible for an ordinary limited driving permit if the refusal suspension is in place, but under O.C.G.A. 40-5-64.1 the driver may install an ignition interlock device to obtain a special limited permit. The refusal can also be used as evidence against the driver in court. Because the 12-month refusal suspension is long and the prosecution proceeds anyway, refusing usually makes the license consequences worse.

Can you expunge or seal a DUI in Georgia

Georgia does not allow a DUI conviction to be expunged, sealed, or restricted. The state's record-restriction statute, O.C.G.A. 35-3-37, lists which dispositions can be restricted, and a DUI conviction is excluded, so even a first DUI stays on the criminal record permanently. The Georgia First Offender Act, which lets some defendants avoid a conviction, is not available for DUI charges. The only realistic path to clearing the arrest is if the DUI charge was dismissed, dropped through nolle prosequi, or reduced to a non-DUI offense such as reckless driving, in which case the arrest record for the original charge may qualify for restriction because there was no DUI conviction. A DUI conviction itself cannot be removed.

What to do after a DUI arrest in Georgia

A Georgia DUI creates two separate matters: a criminal case in court and an administrative license case at the DDS. The deadlines are short, so a common first step is to act within 30 days of the implied-consent notice, either by requesting an administrative hearing or by installing an ignition interlock device to obtain a limited permit, because missing that window generally means the administrative suspension takes effect. The criminal case proceeds on its own schedule from arraignment through resolution. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. Inside that 30-day window, get a free consultation from a Georgia DUI lawyer on the hearing request, the interlock option, and the court case (attorney advertising). Keep the arrest paperwork, the implied-consent notice, and any test results in a safe place.

More Georgia Laws

• Georgia Expungement Laws
• Georgia Warrant Search

Frequently Asked Questions

What is the BAC limit in Georgia?

The per se limit is 0.08 grams BAC for drivers 21 and older under O.C.G.A. 40-6-391. Commercial drivers are limited to 0.04, and drivers under 21 face a 0.02 zero-tolerance limit.

How long do you lose your license for a first DUI in Georgia?

A first DUI suspends the license for 12 months, but a driver 21 or older can apply for reinstatement after 120 days by completing a DUI Risk Reduction Program and paying the reinstatement fee. A limited driving permit may be available during the suspension.

Is a first DUI a felony in Georgia?

No. A first DUI is a misdemeanor under O.C.G.A. 40-6-391. A DUI becomes a felony on the fourth offense within 10 years. Serious injury by vehicle or vehicular homicide while DUI is a felony regardless of offense number.

Do you need an interlock for a first DUI in Georgia?

Usually not for a standard first conviction. An ignition interlock is mandatory for a second or later DUI within five years. A first offender who refused the test may install an interlock under O.C.G.A. 40-5-64.1 to get a limited permit.

What happens if you refuse a breathalyzer in Georgia?

Under implied consent, refusing the state-administered test triggers a minimum 12-month administrative license suspension, separate from the criminal case. The refusal can be used as evidence, and it can bar an ordinary limited permit unless you use the interlock option.

How long does a DUI stay on your record in Georgia?

A DUI conviction stays on the criminal record permanently because Georgia does not allow it to be restricted or expunged. For repeat penalties, prior DUIs count for 10 years on the criminal side and five years on the license side, both measured by arrest dates.

Can you get a DUI expunged in Georgia?

No. A DUI conviction cannot be expunged, sealed, or restricted under O.C.G.A. 35-3-37, and the First Offender Act does not apply to DUI. Only a dismissed, dropped, or reduced charge with no DUI conviction may allow the arrest record to be restricted.

What is the look-back period for DUI in Georgia?

Georgia uses two look-back windows, both measured by arrest dates. The criminal charge and sentence, including the fourth-offense felony threshold, use a 10-year window under O.C.G.A. 40-6-391. The license consequences, including the three-year suspension, the mandatory ignition interlock, and habitual-violator status, use a five-year window under O.C.G.A. 40-5-63 and 40-5-58.