Georgia state law defines driving under the influence as operating a motor vehicle with a blood alcohol content higher than 0.08%. Drivers with lower BAC can receive a DUI charge if they are obviously impaired.
These are the potential penalties a driver faces after a Georgia DUI charge.
Initial DUI conviction
Drivers with no prior convictions for DUI could receive:
- One-year license suspension
- Fines of $300 to $1,000
- Up to one year in jail
- A mandatory minimum of 40 hours of community service
Second DUI conviction
Drivers with a DUI charge from the past five years are subject to:
- Three-year license suspension
- Fines of $600 to $1,000
- A mandatory minimum of 48 hours and up to one year in jail
- A mandatory minimum of 30 days of community service
- A mandatory substance abuse evaluation and addiction treatment at your own expense, if necessary
Subsequent DUI convictions
A third or further DUI in the same five-year period carries these penalties:
- Five-year license suspension
- Fines of $1,000 to $5,000
- A mandatory minimum of 15 days in jail
- A mandatory minimum of 30 days of community service
- A mandatory substance abuse evaluation and addiction treatment at your own expense if necessary
- Having your name and photo printed in your local paper as a habitual DUI offender at your own expense
- Seizure of the vehicle’s license plate
Drivers who refuse a breath test at the scene are subject to additional penalties above and beyond these legal consequences because of Georgia’s implied consent law. Drivers younger than 21 can receive a DUI charge with BAC above 0.02%. The legal threshold for commercial drivers is 0.04%. For an open container in the vehicle, drivers receive another $200 fine. DUI charges when the driver had a child younger than 18 in the vehicle result in an additional charge of child endangerment, which carries a minimum $1,000 fine and up to a year in jail.