Georgia DUI Laws Explained: Penalties, License Suspension, and How to Fight Back

A DUI charge in Georgia is more than a traffic offense — it’s a criminal charge that can affect your freedom, finances, and reputation for years to come. Whether it’s your first offense or a repeat charge, a DUI conviction can lead to jail time, license suspension, fines, and increased insurance rates.

But being arrested for DUI does not automatically mean you’re guilty. Many DUI cases involve flawed breath tests, procedural errors, or unlawful stops. Understanding Georgia’s DUI laws — and working with an experienced DUI defense lawyer — can make all the difference between conviction and dismissal.

At JD Law Group, we’ve helped countless clients challenge DUI charges across Georgia. Our attorneys know how to protect your rights, your record, and your future.

Georgia’s DUI Law: The Basics

Under O.C.G.A. § 40-6-391, it’s illegal to drive or be in physical control of a vehicle while:

• Under the influence of alcohol to the extent that it’s less safe to drive, or
• Having a blood alcohol concentration (BAC) of 0.08% or higher (for drivers over 21).

For commercial drivers, the limit is 0.04%, and for drivers under 21, 0.02% — essentially a zero-tolerance policy.

Importantly, you can still be charged with DUI even if your BAC is below 0.08%, if the officer claims your ability to drive was impaired.

Types of DUI Charges in Georgia

DUI cases in Georgia fall into two main categories:

1. DUI Per Se

This charge applies when your BAC meets or exceeds the legal limit. Breathalyzer or blood test results are key evidence in these cases.

2. DUI Less Safe

You can be charged with DUI “Less Safe” if the officer believes alcohol or drugs impaired your ability to drive safely, even without a BAC reading.

In both cases, you face serious legal and administrative penalties — but you also have opportunities to fight back.

What Happens After a DUI Arrest

After a DUI arrest, several legal processes begin immediately:

1. Administrative License Suspension (ALS):
   You only have 30 days from your arrest to request an ALS hearing to prevent your license from being automatically suspended. Failing to act quickly can result in a one-year suspension.
2. Criminal Proceedings:
   You’ll face a court process that may include arraignment, pretrial hearings, and potentially a trial. Your attorney can challenge the evidence, question officer conduct, and negotiate with prosecutors.

These two processes — administrative and criminal — run separately, and both require prompt action and experienced representation.

Penalties for DUI in Georgia

Penalties depend on whether it’s your first, second, or subsequent DUI within ten years.

First DUI Offense

• 24 hours to 12 months in jail
• Fines from $300 to $1,000
• License suspension for up to 12 months
• Minimum 20 hours of community service
• Mandatory DUI education program
• Possible probation and ignition interlock device

Second DUI Offense

• 3 days to 12 months in jail
• Fines from $600 to $1,000
• License suspension for up to 3 years
• At least 30 days of community service
• Mandatory clinical evaluation and treatment
• Installation of ignition interlock device

Third DUI Offense

• 15 days to 12 months in jail
• Fines from $1,000 to $5,000
• License revocation for 5 years
• 30 days of community service
• Declared a Habitual Violator — with severe long-term consequences

For felony DUI (such as causing serious injury or death), penalties increase dramatically, often including years in prison.

License Suspension and the 30-Day Rule

One of the most overlooked — yet critical — parts of a DUI arrest is the license suspension process.

If you refused a breath, blood, or urine test, or tested above the legal limit, your license is automatically subject to suspension unless you act within 30 days.

You have two options:

• Request an ALS hearing to contest the suspension, or
• Apply for an ignition interlock device permit to keep driving under specific conditions.

Your lawyer can help determine the best path for your case, ensuring your right to drive is protected while your case is pending.

Common Defenses Against DUI Charges

Many DUI arrests are based on subjective police judgment and imperfect testing methods. A knowledgeable defense attorney can identify weaknesses in the prosecution’s case and fight for dismissal or reduction.

Common defenses include:

• Illegal traffic stop: Police must have reasonable suspicion to pull you over.
• Faulty field sobriety tests: Poor weather, medical conditions, or nervousness can affect test results.
• Breathalyzer errors: Devices must be calibrated and operated correctly; errors can invalidate results.
• Improper arrest procedure: Violations of Miranda rights or due process can result in dismissed evidence.
• Rising BAC defense: Alcohol absorption may cause your BAC to rise after driving, meaning you were below the limit while behind the wheel.

JD Law Group’s attorneys meticulously review every detail — from police reports to test data — to uncover any mistake that could strengthen your defense.

Refusing a Breath or Blood Test

Georgia’s implied consent law means that by driving, you agree to chemical testing if suspected of DUI. Refusing a test can result in:

• An automatic one-year license suspension
• Use of your refusal as evidence at trial

However, refusal also denies prosecutors a key piece of evidence — the BAC result. Your attorney can help determine whether refusal strengthens or complicates your case.

DUI and Professional Consequences

A DUI conviction can affect much more than your driving record. It can lead to:

• Job loss, especially for commercial drivers or licensed professionals
• Higher insurance premiums
• Difficulty obtaining certain professional licenses
• Immigration issues for noncitizens

That’s why it’s essential to have a defense team that looks beyond the courtroom — protecting your livelihood and long-term interests.

How JD Law Group Fights DUI Charges

At JD Law Group, our Georgia DUI defense lawyers take a strategic, aggressive approach to every case. We:

• Challenge the legality of the stop and arrest
• Review all video, bodycam, and test evidence for inconsistencies
• Work with expert witnesses in toxicology and breath testing
• Represent clients at ALS hearings to protect driving privileges
• Negotiate for charge reductions or alternative sentencing
• Prepare thoroughly for trial when necessary

We believe every client deserves a second chance — and a fair fight in court.

Frequently Asked Questions

Can I get a DUI for prescription drugs?
Yes. Even legal medications can lead to a DUI if they impair your ability to drive safely.

Will a DUI appear on my criminal record?
Yes, and in Georgia, DUI convictions cannot be expunged. That’s why fighting the charge early is critical.

Can I get a restricted license?
Possibly. Depending on your case and compliance with interlock requirements, you may qualify for limited driving privileges.

Do I need a lawyer for a first DUI?
Absolutely. Even a first offense can have lifelong consequences. A lawyer can help you avoid harsh penalties or conviction altogether.

Protect Your License and Your Future

A DUI arrest in Georgia is serious — but it’s not the end of the road. With experienced legal help, you can challenge the evidence, protect your license, and move forward with your life.

At JD Law Group, we fight for people just like you every day — people who made a mistake, were misjudged, or simply want a fair chance at justice.