Drinking while driving can land you with a drunk driving charge―and that’s a best case scenario. The worst case is injuring or killing your passengers, other drivers, or yourself.
Georgia’s driving under the influence (DUI) laws make it illegal for drivers of all ages to operate motor vehicles if they have blood alcohol concentration (BAC) percentages of:
DUI convictions stay on your driving record for the rest of your life.
Specific DUI penalties depend on your age, license type, and previous DUI convictions, but usually consist of:
Some “penalties,” such as ignition interlock devices and limited driving permits, are actually privileges granted to the driver (see below).
The Department of Driver Services has the right to revoke, cancel or suspend your license, levy fines and require a DUI Alcohol or Drug Risk Reduction Program regardless of any criminal charges for certain offenses such as driving under the influence or purchasing alcohol when under age.
At the time of failing a chemical test the officer will confiscate your license and issue you a temporary driving permit that is good for 180 days. If you refuse a chemical test you will be given a driving permit good for 30 days. The permits will allow you to drive while the courts and the DDS determine if, and for how long, your license will be suspended.
Like most states, Georgia has zero tolerance when it comes to drivers younger than 21 years old operating motor vehicles with alcohol in their systems.
First DUI Offense
Second DUI Offense
Third DUI Offense
First DUI Offense
NOTE: If you end up with an administrative license suspension, you’re able to get a limited driving permit; however, that permit is cancelled if you’re found guilty. See below for more information on limited driving permits.
Second DUI Offense
Regardless of BAC, a second offense within 5 years brings:
Third DUI Offense
A third offense within 5 years brings:
A second offense within 5 years brings:
On your third DUI offense, the GA DMV gives you Habitual Violator (HV) status and revokes your license for 5 years and confiscates your license plate (see “Reinstating a Habitual Violator’s License” below).
You’ll also face:
If you’re convicted of possessing, distributing, or using an illegal controlled substance or marijuana, it also affects your driving privileges―even if it took place outside of your car.
You face:
NOTE: These are in addition to any other court-imposed penalties, such as jail time.
Generally, commercial drivers face stiffer penalties than drivers with regular passenger vehicle licenses.
The Federal Motor Carrier Safety Administration (FMCSA) handles regulations and penalties associated with commercial vehicle drivers throughout the country, including the 0.04% BAC limit. Visit the FMCSA’sDisqualification of Drivers for specific information.
Regardless of your age or offense number, you’ll have to complete a DUI Alcohol or Drug Risk Reduction Program (RRP).
Georgia’s RRPs consist of two components:
Your RRP costs $355. This covers the Assessment Component ($100), the Intervention Component ($235), and the workbook ($20).
The state doesn’t accept online courses. Your judge most likely will provide you with a list of RRPs you can enroll in, but the state also provides an online list of certified DUI schools.
You must complete the RRP before you can apply for a limited driving permit or license reinstatement. Visit the state’s DUI FAQ section for more information about GA DUI schools, including attendance policies.
Some drivers have to install an ignition interlock device (IID), which requires a breath sample both before you start your vehicle and periodically throughout your drive. Your vehicle will not start if the IID detects alcohol on your breath.
Generally, you’re eligible for an IID if you’ve had 2 offenses or more within 5 years. If you’re not eligible under state requirements, your judge might make an exception for financial hardship purposes.
Ultimately, your judge will determine whether you can have an IID installed (if so, you must choose from alist of state-approved IID providers).
Georgia doesn’t require DUI offenders to file an SR 22 (a type of proof of financial responsibility) in order to reinstate their driving privileges. However, a DUI conviction can severely affect a driver’s auto insurance rates.
Check with your coverage provider about the possibility of increased rates, and then shop around andcompare car insurance rates with other companies to increase your chances of getting the most affordable liability coverage possible.
Facing the judge, prosecutor, and arresting officer by yourself can be pretty daunting―especially for charges as serious as driving under the influence.
Consider hiring a DUI attorney, who can help you navigate the legal system and get the best deal possible given your offense.
As you compare DUI lawyers, keep in mind:
Every DUI conviction brings a suspended license. However, some drivers are eligible for limited driving through a limited driving permit. This allows you to travel to and from:
You won’t formally apply for a limited driving permit; your judge will determine whether you’re eligible based on factors like your age, offense number, and how long your license must be suspended (see your penalties above).
If your judge grants you a limited driving permit, expect to pay:
Understand that if you violate any of the conditions of your limited permit, the judge will revoke it and tack additional time onto your original suspension period.
Reinstating a regular driver’s license after a DUI conviction is fairly straightforward, especially if it’s a first offense.
Generally, you need to:
You may also need to:
For more details specific to your case, contact the DMV or the court handling your case.
If you’ve reached three DUI convictions, you’re considered a Habitual Violator (HV), which carries mandatory license revocation.
You might be eligible for a probationary license after 2 years of the revocation, depending on past situations (you generally can’t get a probationary license if you have a history of underage alcohol violations, moving violations, or drug offenses, including marijuana).
You may become eligible for license reinstatement after: