Georgia DUI Laws: FAQ

How can I get my license reinstated if it is administratively suspended for DUI in Georgia?

Once your license is administratively suspended, either because you did not request an administrative hearing within ten days of your arrest, or because you went to an administrative hearing and lost your case, you generally can obtain a 30-day permit that will enable you to drive to and from work. You can then apply for early reinstatement of your driver’s license if you complete an approved DUI education program and pay a reinstatement fee. Once you have a second DUI conviction, however, you can no longer get a limited driving permit.

How quickly will I lose my driver’s license if I am arrested for DUI in Georgia?

If you are charged with DUI in Georgia, even if you have not yet been convicted, your driver’s license will be automatically suspended 31 days following the date of your arrest, for a period of one to five years, depending on your record. However, if you ask for an administrative hearing within ten days of your DUI arrest, you will have a chance to prevent this automatic suspension.

What are the penalties for a Minor convicted of DUI in Georgia?

If you are under the age of 21 and convicted of DUI in Georgia, you will lose your license for twelve months, you also will be ordered to complete a set amount of community service hours. Additionally, you will not be eligible for a temporary or limited driving permit during your license suspension.

What can happen under Georgia law if I refuse to take a chemical or field sobriety test when I am suspected of DUI?

Like many other states, Georgia has an implied consent law, which means that if you are suspected of driving while intoxicated, you are agreeing that you will undergo blood, urine, or breath tests for the purposes of measuring your BAC. If you refuse to take one or more of these tests, and are arrested as a result, you can face a harsher sentence.

What constitutes driving under the influence (DUI) in Georgia?

You may be convicted of DUI in Georgia if you are operating a motor vehicle and have a blood alcohol level (BAC) of 0.08% or more, or if you have any amount of illegal drugs in your system. However, you can be convicted of DUI in Georgia even if your BAC level tests under 0.08%, if the prosecutor can prove that your alcohol consumption made you a less safe driver.

What is the penalty if I am caught driving while my license is suspended for DUI in Georgia?

If you are caught driving in Georgia while your license is suspended for DUI, you face a misdemeanor charge that carries a minimum $500 fine and two days of incarceration, plus an additional six-month license suspension. If you are caught driving while suspended in Georgia a second or third time within five years, you face a minimum $1000 fine and ten days of incarceration, plus an additional six-month license suspension. On a third driving while suspended conviction, you could be incarcerated for up to one year.

Will I have to attend counseling or rehabilitation if I am convicted of DUI in Georgia?

Yes. All DUI convictions in Georgia require that you complete a DUI education course, or alcohol risk reduction school. If you have more than one DUI conviction in Georgia, you might have to undergo a formal substance abuse assessment and/or treatment.

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