Georgia DUI Guide
Last Verified: February 2026
Complete guide to DUI laws, penalties, and procedures in Georgia.
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County-specific courts, impound lots, bail, and local procedures
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Request ALS Hearing within 30 days or face automatic suspension
Learn moreWhat You Need to Do
Follow these steps in order of urgency after a DUI arrest
Retrieve Your Vehicle
HighWithin 2-3 days
Get your car from impound to avoid daily storage fees that add up quickly.
Gather Documentation
Before attorney meeting
Collect arrest report, citation, license, insurance, and witness information.
Prepare for Arraignment
Check your citation
Your first court appearance. Attend on time with your attorney if possible.
DUI Penalties in Georgia
Potential consequences for DUI offenses. Penalties increase with each subsequent offense.
| Penalty Type | 1st Offense | 2nd Offense | 3rd Offense |
|---|---|---|---|
Jail Time | 10 days - 12 months (24 hours minimum) | 90 days - 12 months (72 hours minimum) | 120 days - 12 months (15 days minimum) |
Fines | $300-$1,000 + surcharges | $600-$1,000 + surcharges | $1,000-$5,000 + surcharges |
License Suspension | 12 months (limited permit after 120 days) | 3 years (hard suspension 18 months) | 5 years (habitual violator) |
Ignition Interlock (IID) | Required with limited permit | Required | Required |
Probation | Up to 12 months | Up to 12 months | Up to 12 months |
Community Service | 40 hours minimum | 30 days of community service | 30 days |
Alcohol Education | DUI Risk Reduction Program (20 hours) | Required | Required + clinical evaluation |
Note
These are general penalty ranges. Actual penalties vary based on aggravating factors. An experienced attorney can help minimize penalties.
Understanding DUI in Georgia
Georgia's DUI system presents drivers with a critical strategic decision within 30 days of arrest. Unlike states where you simply "fight or accept" a license suspension, Georgia offers a unique choice: request an Administrative License Suspension (ALS) hearing to contest the suspension, OR waive the hearing and immediately apply for an Ignition Interlock Limited Driving Permit (IILDP) that allows you to keep driving. This decision has profound implications for your case strategy.
What is DUI in Georgia?
Georgia uses the term DUI (Driving Under the Influence) for impaired driving under O.C.G.A. § 40-6-391. You can be charged with DUI if you are impaired by alcohol, drugs (including prescription medications), or any combination that renders you "less safe" to drive.
Georgia has both a "per se" law (BAC ≥ 0.08% automatically proves DUI) and an impairment-based standard (you can be convicted even below 0.08% if the officer demonstrates you were "less safe" to drive).
Legal BAC Limit
The legal blood alcohol concentration (BAC) limit in Georgia is 0.08% for drivers 21 and older, 0.04% for commercial drivers, and 0.02% for drivers under 21 (effectively zero tolerance for minors).
Implied Consent Law
By driving in Georgia, you automatically consent to chemical testing if arrested for DUI under O.C.G.A. § 40-5-67.1. The officer will issue DDS Form 1205 (the yellow form) which serves as both your notice of suspension and a 45-day temporary driving permit.
Refusing a breath, blood, or urine test results in automatic license suspension for one year (minimum 12 months for first refusal). Unlike many states, Georgia's refusal suspension is administered by the Department of Driver Services (DDS) as a civil penalty separate from criminal charges.
Time-Sensitive Deadlines
- 30 calendar days to request ALS hearing (extended from 10 business days in 2017)
- $150 filing fee required to request ALS hearing
- 45-day temporary permit expires if you don't take action
- Vehicle impound fees accrue daily ($25-$50/day typical)
Georgia's Strategic Choice: Fight or Drive?
Within 30 days of receiving DDS Form 1205, you must choose one of two paths. This is a binding election—you cannot pursue both simultaneously.
Option 1: Request ALS Hearing
Pay $150 fee and file an appeal with the Georgia Department of Driver Services (DDS). This sends your case to the Office of State Administrative Hearings (OSAH).
Pros:
- Suspends the license suspension while hearing is pending (you can keep driving)
- Opportunity to cross-examine the officer under oath (valuable discovery for criminal case)
- If you win, no administrative suspension
Cons:
- If you lose, you face the full suspension with no driving privileges
- Hearing can take 3-6 months to schedule
- Limited grounds to win (only procedural errors)
Option 2: IILDP (Ignition Interlock)
Waive your right to a hearing and immediately apply for an Ignition Interlock Limited Driving Permit through DDS.
Pros:
- Guaranteed driving privileges (no risk of losing)
- Can drive immediately (with interlock installed)
- Saves $150 hearing fee
Cons:
- Must install and maintain ignition interlock device ($70-$150/month)
- Waives your right to challenge the suspension
- Can only drive vehicles with interlock installed
Attorney Tip: If you have a strong defense (illegal stop, faulty breathalyzer, rising BAC), request the hearing. If the evidence is solid but you need to drive for work, the IILDP may be the pragmatic choice. Your attorney can use the OSAH hearing for discovery even if you ultimately lose the administrative case.
Georgia's 10-Year Lookback Period
Georgia increased its lookback period from 5 years to 10 years in 2008. Any prior DUI conviction within the past 10 years counts as a predicate offense for enhancement purposes.
This means a DUI from 9 years ago makes your new arrest a second offense with mandatory minimum 72 hours jail (or 30 days community service), $600-$1,000 fine, and a 3-year license suspension. A third DUI within 10 years carries a minimum 15 days jail and 5-year suspension.
Critical for Second Offenses: If your second DUI occurs within 5 years of the first, Georgia law authorizes the seizure and forfeiture of your vehicle. The state can literally take your car permanently.
Common Questions About Georgia DUI
Sources & Official Resources
Information on this page is sourced from official state resources. Always verify current laws with official sources or a licensed attorney.
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