In Georgia, being charged with driving under the influence is one of the most stressful and life-altering experiences you’ll face. Whether it’s your first offense or you’ve had prior convictions, the potential penalties (from jail time and hefty fines to license suspension) are very real.
Georgia’s DUI laws are complicated, and they also require risk reduction programs and possibly substance abuse evaluations. Understanding your rights and the full scope of Georgia DUI penalties is the first step toward protecting your future.
We’ll walk you through how Georgia DUI laws and penalties work in 2026, what consequences you could face, and where you have potential legal defenses. For more information, call our Dawson County criminal defense lawyers, who have nearly 2 decades of combined experience.
What Counts as DUI Under Georgia Law in 2026?
Under Georgia law, a person can be charged with driving under the influence if they are driving or in actual physical control of a motor vehicle while under the influence of alcohol, drugs, or a combination of substances.
Georgia law also prohibits driving with an alcohol concentration at or above the state’s legal BAC level as defined in O.C.G.A. § 40‑6‑391.
This statute applies to alcohol, prescription medications, over-the-counter medications, and illegal drugs. A DUI charge can be based on the following:
- Observable impairment
- Field sobriety tests
- Blood tests
- Urine tets
- Professional evaluation of a law enforcement officer at the scene
DUI and Under-21 Drivers
Georgia applies special rules for drivers under 21. These drivers are subject to stricter BAC limits and mandatory court requirements.
Penalties may include license suspension, fines, community service, and mandatory participation in a risk reduction program.
Georgia’s Implied Consent Law
Georgia’s implied consent law requires drivers arrested for DUI to submit to chemical testing of blood, breath, urine, or other bodily substances.
Refusal of a breathalyzer or chemical testing can lead to administrative license suspension through the Georgia Department of Driver Services (DDS), including a potential license suspension.
Drivers have the right to request their own independent test after the state’s test is offered, provided the request and conditions meet statutory requirements. Compliance with testing procedures is vital when it comes to preserving driving privileges.
Penalties for a First DUI in Georgia
A first-time DUI in Georgia is a misdemeanor. Possible DUI penalties include:
- Fines: Georgia law sets fines for first-time DUI offenses, which vary based on court discretion and the circumstances surrounding the offense.
- Jail time: Courts may impose jail time as permitted under the law, depending on the evidence and other factors in the case.
- Probation: First-time offenders may be placed on probation, which requires compliance with court rules and may include regular check-ins.
- Community service: The court may order completion of community service, helping the offender make restitution to the community.
- DUI school: Offenders are generally required to complete DUI school as part of a risk reduction program to educate drivers on impaired driving and alcohol effects.
- Substance abuse treatment: A professional assessment may be mandated to determine substance abuse issues and appropriate interventions.
- Driver‘s license suspension: The Georgia Department of Driver Services may impose a driver’s license suspension or automatic license suspension in addition to court penalties, depending on the circumstances.
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Penalties for Repeat DUI Offenses
Georgia imposes progressively stricter penalties for repeat DUI convictions. According to Georgia’s DUI laws, penalties for multiple offenses may include:
- Higher fines
- Increased jail time
- Longer probation terms
- Additional community service
- Extended license suspensions or revocations
- Mandatory evaluations and treatment
- Felony DUI
Repeat DUI convictions in Georgia carry serious and escalating consequences that can affect your freedom, finances, and driving privileges. Seeking prompt legal guidance from an experienced criminal defense attorney can help protect your rights.
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Ignition Interlock Requirements
Georgia may require the installation and use of an ignition interlock device in a motor vehicle in certain DUI cases. Whether interlock is required, optional, or unavailable depends on:
- Whether the driver refused chemical testing
- Prior DUI convictions or habitual violator status
- Eligibility under DDS rules
- Court-imposed conditions
Ignition interlock device requirements vary by case, so legal guidance is essential for understanding obligations and compliance.
Consequences of a DUI Test Refusal
If a driver refuses a chemical test when stopped for a DUI, they can face consequences under Georgia’s implied consent law, including:
- Administrative license suspension: DDS may impose a suspension of your driving privileges independent of the DUI conviction.
- Effect on court proceedings: Test refusal can be used as evidence in DUI defense or criminal proceedings, subject to procedural rules and legal challenges.
Refusal does not eliminate the right to legal defenses, but it can complicate the process.
Georgia’s 30-Day Rule for DUI
In Georgia, the 30-day rule gives drivers a critical window to protect their driving privileges after a DUI arrest. Once a driver is arrested for DUI, they have 30 calendar days to take action with the Georgia Department of Driver Services (DDS). During this period, drivers can choose to request an interlock permit or file an administrative appeal.
If you choose the interlock permit, you receive a limited driving permit that requires the installation of an ignition interlock device. You must maintain the device and permit for 12 months, regardless of the outcome of your case—even if the charges are reduced or dismissed within that period.
If you choose to file an appeal, you forfeit the ability to request an interlock permit if you previously refused the state-administered DUI test.
The appeal allows you to contest the suspension, present evidence, and potentially have your license reinstated depending on the hearing’s outcome.
What DUI Per Se Means in Georgia
DUI per se is a legal standard that allows law enforcement to charge a driver with DUI if their blood alcohol concentration (BAC) exceeds the state’s legal limit, even if the testing occurs some time after they were driving.
This provision ensures that drivers can be held accountable for impaired driving, even when the test isn’t administered immediately at the scene. Essentially, if a driver’s BAC demonstrates they were legally impaired while operating a vehicle, they can face DUI charges under this rule.
How Can a DUI Lawyer in Georgia Help?
Facing a DUI in Georgia can be stressful, and the process can be confusing. At Teague Law, our Georgia DUI Lawyer team carefully reviews the circumstances of each case and evaluates the evidence, including:
- Blood test results (blood alcohol numeric readings that reveal blood alcohol content or blood alcohol concentration)
- Breath tests
- Field sobriety tests and officer notes
- Law enforcement observations and procedures at the traffic stop
- Video or body cam recordings from the stop or arrest
- Witness statements that may support or contradict law enforcement accounts
- Evidence of improper testing procedures or mishandling of samples
Our DUI defense lawyers guide clients through the entire court process and advocate to protect their rights and future. An experienced DUI defense lawyer ensures that every step is managed effectively and that your options are clearly understood.
Schedule a Free Consultation With Teague Law Today
Getting a DUI in Georgia can be stressful and frightening, but luckily, you’re not alone. At Teague Law, we uphold our slogan: Don’t Tread on Our Clients. We provide aggressive representation every step of the way.
Schedule a free case evaluation with us to discuss Georgia DUI laws and penalties in 2026, understand your options, and protect your rights.
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