Georgia DUI Laws & Penalties
Understanding the Consequences & Your Legal Options
A DUI arrest in Georgia can have serious consequences, including fines, jail time, license suspension, and increased insurance rates. Even a first-time offense can affect your job, reputation, and future opportunities. However, just because you were charged with driving under the influence does not mean you are automatically guilty—you have legal rights and options for defense.
At Garner Law Office, P.C., we defend clients in Carrollton, Dallas, Hiram, and throughout Georgia against DUI charges. If you’re facing harsh penalties, we can help you fight the charges, protect your license, and minimize the impact on your future.
DUI Penalties in Georgia
Georgia has some of the strictest DUI laws in the country, and penalties increase with each offense.
First DUI Offense
Fines: $300 – $1,000
Jail Time: 24 hours – 12 months
License Suspension: Up to 12 months
Community Service: Minimum of 40 hours
Mandatory DUI Risk Reduction Program
Second DUI Offense
Within 5 Years
Fines: $600 – $1,000
Jail Time: 72 hours – 12 months
License Suspension: 3 years
Ignition Interlock Device (IID): Required after 120 days
Mandatory Alcohol Treatment Program
Third DUI Offense
Within 10 Years – Habitual Violator Status
Fines: $1,000 – $5,000
Jail Time: 15 days – 5 years
License Revocation: Minimum of 5 years
Possible Vehicle Seizure
Felony DUI Record
How a DUI Conviction Affects Your Life
A DUI conviction can impact your life in many ways, including:
01
Job Loss
Many employers conduct background checks, and a DUI can make it harder to keep or find a job.
02
Higher Insurance Rates
A DUI can cause your car insurance premiums to skyrocket.
03
Driver’s License Suspension
Losing your license affects your ability to work, attend school, and care for your family.
04
Permanent Criminal Record
A DUI cannot be expunged in Georgia, meaning it stays on your record forever.
Frequently Asked Questions
Can I Refuse a Breathalyzer Test in Georgia?
Yes, but Georgia has an implied consent law. Refusing a breathalyzer results in an automatic license suspension (12 months for the first refusal). However, refusal can also limit evidence against you in court.
Will a DUI Stay on My Record Forever?
Yes. In Georgia, a DUI cannot be expunged or removed, which is why fighting the charge is so important.
Can I Get My License Back After a DUI?
Possibly. You may be able to:
✔ Apply for a limited driving permit (for work/school purposes)
✔ Enroll in the DUI Risk Reduction Program
✔ Challenge your license suspension at an administrative hearing
Do I Have to Go to Jail for a First-Time DUI?
Jail time is possible, but many first-time offenders receive probation, community service, and fines instead. An attorney can help reduce penalties and explore alternative sentencing options.
Can I Get My DUI Reduced to a Lesser Charge?
Yes! In some cases, a DUI charge can be reduced to reckless driving, which carries fewer penalties. This is not automatic, but a lawyer may be able to negotiate a plea deal.