Under Georgia law, drivers can get a DUI for driving under the following circumstances:

What Are the Consequences of DUI in Georgia?

The consequences and penalties of DUI in Georgia vary based on a few factors, including the driver’s age, criminal record, BAC, and how much — if any — damage or injuries were caused by their driving.

Under Georgia law, you can be charged with a felony or misdemeanor DUI. Although most DUIs in Georgia are charged as misdemeanors, you can be charged with a felony if:

There are two types of consequences for DUI in Georgia: the criminal proceeding and the administrative hearing.

Administrative License Suspension

When someone is arrested for DUI in Georgia, they face the possibility of an administrative suspension of their license. This process is insisted by the Department of Driver Services and can impact your ability to drive before you are convicted of a DUI.

This commonly happens to people who refuse to take the breathalyzer test on the scene with the officer or to those who did take the test but had a BAC of 0.8% or higher. Your license can be suspended for one year, starting 30 days after your arrest. The good news is that you have 30 days to file an appeal, something a skilled attorney can help you with. You will need to request a hearing when you file your 30-day notice.

Remember, this is a hearing, not a trial, and it will only cover the following:

People who refuse to submit to the test and who are facing their first administrative suspension will be able to get a limited-use driving permit while their license is suspended. This type of license will allow you to drive to work and/or school, drug or alcohol counseling, community service, and medical appointments. You can also use the permit to drive your immediate relatives to work, school, and medical care, as long as they do not have a valid driver’s license of their own.

If you attend DUI school, you will be eligible to get your license back after only 30 days.

Criminal Proceeding

Your criminal hearing is separate from your administrative hearing and will often take place in a different location with a different judge entirely. During this hearing, your criminal penalties will be decided. It’s important to make sure you are represented by a skilled attorney during these proceedings to help you reduce your fines and punishments.

It’s critically important that you show up for your criminal hearings on time and are dressed professionally.

What Are the Penalties for DUI in Georgia?

Penalties for a Georgia DUI largely depend on the number of prior defenses.

First-time DUI offenders face:

Second-time DUI offenders face:

Third-time DUI offenders face:

Once you are charged with your fourth DUI in Georgia, you will be charged with a felony, and you will face:

People convicted of their first DUI when they are under the age of 21 will face:

People convicted of their second underage DUI will see their fines increase to $600 to $1,000, 72 hours to 12 months in jail, and at least 30 days of community service.

A third underage DUI offense is considered a “high and aggravated” misdemeanor and will result in $1,000 to $5,000 in fines, 15 days to 12 months in jail, and 30 days or more of community service.

A fourth underage DUI conviction is considered a felony and carries $1,000 to $5,000 in fines, 90 days to five years in prison, and at least 60 days of community service.

We Can Help

If you’ve recently been arrested for DUI in Georgia, our team of experienced attorneys can help you navigate the court proceedings ahead. Contact us today to learn more.