Georgia Drunk Driving Laws

When is a driver considered to be legally drunk in Georgia?

• Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
• Drivers of commercial vehicles are legally drunk when their blood alcohol level is .04 percent or greater. In Georgia, school bus drivers are commercial drivers.
• Drivers under 21 are legally drunk when their blood alcohol level is .20 or more.

Penalties for Drunk Driving in Georgia

• First-time offenders face a term of imprisonment of 10 days to 12 months. They must also pay a fine ranging from $300 to $1,000. Additionally, first-time offenders must perform at least 40 hours of community service work and complete a DUI program. The driver’s license revocation period is 12 months. At the end of 120 days, the offender may apply for reinstatement.
• For a second conviction within a five-year period, the prison term is 90 days to 12 months, and the fine is between $600 and $1,000. These offenders must also perform at least 30 days of community service work, complete a DUI program, and undergo a clinical evaluation. A probationary period of 12 months (less days served) is also required. The driver’s license revocation period is three years. At the end of 18 months, the offender may apply for reinstatement.
• For a third or subsequent conviction within a five-year period, the prison term is 120 days to 12 months, and the fine is between $1,000 and $5,000. These offenders must also perform at least 30 days of community service work, complete a DUI program, and undergo a clinical evaluation. A probationary period of 12 months (less days served) is also required. A person who commits a third offense will be declared a “habitual violator.” When a habitual violator is arrested and charged with DUI, the offender’s vehicle is subject to forfeiture. Additionally, the offender’s driver’s license will be revoked. At the end of five years, the offender may apply for reinstatement.

• Other Drunk Driving Penalties
• What is Georgia's Dram Shop Act?
• What is Georgia’s “Furnishing Alcoholic Beverages to Minor Children” Statute?
• Criminal Penalties for Furnishing Alcohol to a Person Under 21

Additional Penalties for DUI While Transporting a Child Under 14

A person who commits a DUI while transporting a child under 14 is guilty of the separate offense of endangering a child by driving under the influence. First and second-time violators of this law are subject to up to 12 months in prison, payment of a fine of up to $1,000, or both. Those who commit a third or subsequent offense are subject to one to three years in prison, payment of a fine of $1,000 to $5,000, or both.

Ignition Interlock

A person who is convicted of a second or subsequent DUI within a five-year period is required to use an ignition interlock device as a condition of probation for six months. This six-month period begins after expiration of the driver’s license revocation period. At the end of six months, the offender may apply for full reinstatement of driving privileges.

Commercial Drivers

In addition to other penalties that may apply under Georgia’s DUI laws, a person who holds a commercial driver’s license and is convicted of DUI for the first time will be disqualified from driving a commercial vehicle for at least one year. If, however, the driver was transporting hazardous materials at the time, the disqualification period is at least three years. A commercial driver who commits a second DUI while driving any vehicle will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to a period of not less than 10 years.

School Bus Drivers

In addition to other penalties that may apply, a school bus driver who is convicted of DUI while driving a school bus is subject to a term of imprisonment of one to three years, payment of a fine of $1,000 to $5,000, or both.

Drivers Under 21

Generally, drivers under 21 who are convicted of DUI face the same penalties as adult offenders. Underage offenders may, however, be permitted to serve any prison term imposed on weekends in a county jail. Additionally, any period of community service work imposed must be completed within 60 day of sentencing. Finally, if the minor offender’s BAC was under .08, the driver’s license suspension period is at least six months. If the offender’s BAC was .08 or greater, the suspension period is at least one year.

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What is Georgia’s Dram Shop Act?

Under Georgia’s Dram Shop Act, a licensed drinking establishment may be liable for injuries caused by an intoxicated person in two circumstances. The first is where the drinking establishment served alcohol to an underage person with knowledge that the person was underage and with knowledge that the person would soon be driving. The second circumstance is where the drinking establishment served alcohol to a noticeably intoxicated person with knowledge that that person would soon be driving. Under Georgia law, those who buy and drink alcohol are not permitted to recover damages from a drinking establishment if they injure themselves as a result of their own intoxication.

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What is Georgia’s “Furnishing Alcoholic Beverages to Minor Children” Statute?

Under this statute, parents have a right of action against any person who sells or gives their child alcohol without the parents’ permission. Georgia’s Dram Shop Act does not preclude this cause of action, so long as the damages sought are for injury to peace, happiness, or feelings.

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Criminal Penalties for Furnishing Alcohol to a Person Under 21

Under Georgia law, any person who furnishes alcohol to a minor is subject to a term of imprisonment of up to one year, payment of a fine of up to $1,000, or both.

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