Vehicle · DUI penalties
DUI Penalties in Georgia
The jail, fines, and license loss for a DUI in Georgia by offense, when a DUI becomes a felony, the lookback period that counts your priors, and what raises the penalty. These are the criminal penalties, separate from the DMV license suspension. Cited to the statute.
DUI penalties by offense in Georgia
Jail, fine, and license loss for a first, second, and third offense, the felony threshold, and the aggravators that raise the penalty.
Georgia DUI penalties and the risk-reduction and interlock rules are amended periodically. This entry was read from a disclosed Justia mirror of the 2024 Code. Confirm the current O.C.G.A. 40-6-391 text for your offense date before relying on it.
| Penalties by offense | What it means |
|---|---|
| First conviction | A first DUI within ten years is a misdemeanor. Under O.C.G.A. 40-6-391(c)(1) the fine is $300 to $1,000 and the jail term is not fewer than 10 days and not more than 12 months, which the judge may suspend, stay, or probate. At 0.08 grams or more the judge may probate all but 24 hours, so 24 hours is the real-world floor for a standard case. |
| The fine is not probatable | The $300 to $1,000 fine is not, except under the indigency provision in subsection (g), subject to suspension, stay, or probation. The jail time is discretionary but the money is not. |
| Community service and a risk-reduction program | A first conviction requires not fewer than 40 hours of community service, a DUI Alcohol or Drug Use Risk Reduction Program completed within 120 days, and a clinical evaluation under Code Section 40-5-1 unless the court waives it. |
| The repeat ladder | A second conviction in ten years carries a $600 to $1,000 fine, 90 days to 12 months with not fewer than 72 hours actually served, and 30 days of community service. A third is a high and aggravated misdemeanor. A fourth or subsequent carries $1,000 to $5,000, one to five years with all but 90 days suspendable, and 60 days of community service. |
| Fourth conviction felony threshold | Under O.C.G.A. 40-6-391(c) the first and second convictions are misdemeanors, the third is a high and aggravated misdemeanor, and the fourth or subsequent within a ten-year period is a felony. |
| What raises the penalty | What it means |
|---|---|
| Arrest to arrest, not conviction to conviction | The ten-year window runs from the dates of previous arrests for which convictions were obtained or nolo pleas accepted to the date of the current arrest. Because charging delays can push a conviction years past the arrest, a driver can be inside the window even when the earlier conviction looks older than ten years. |
| The pre-July-2008 grandfather | If the ten-year period being measured commenced before July 1, 2008, a fourth or subsequent conviction is a high and aggravated misdemeanor rather than a felony. This is now largely spent but still matters for very old records. |
| Nolo pleas still count | Every counting clause in subsection (c) treats an accepted plea of nolo contendere the same as a conviction, so a nolo plea does not keep a prior off the ladder. |
| Under-21 drivers | Subsection (k) sets a 0.02 threshold for drivers under 21. The first and second convictions are misdemeanors and the third or subsequent is a high and aggravated misdemeanor. No plea of nolo contendere may be accepted for anyone under 21 charged under this Code section. |
What you can do right now
Concrete, neutral steps if you are facing a DUI in Georgia. This is legal information, not legal advice.
- Get a Georgia DUI lawyer
Georgia DUI sentencing turns on your alcohol concentration and the arrest-to-arrest count of priors. A Georgia attorney can explain the exposure for your offense date and county.
- Map your ten-year window by arrest date
Because Georgia measures the lookback arrest to arrest, pull the arrest dates of any prior DUIs, not just the conviction dates, to see whether a prior still counts.
- Line up the program and evaluation early
A risk-reduction program within 120 days, a clinical evaluation, and the community service hours are mandatory on a first conviction. Starting early helps at sentencing.
A DUI is a criminal charge with lasting consequences, and deadlines to challenge the license suspension are short. A licensed DUI defense attorney can explain your options; the state bar can refer you to one.
→ State Bar of GeorgiaThis is general legal information, not legal advice. Penalties turn on your BAC, priors, and the exact charge, and the criminal case is separate from the DMV license case, so confirm your situation against the statute and talk to a lawyer.
What drivers in Georgia get wrong about DUI penalties
A first Georgia DUI under O.C.G.A. section 40-6-391 is a misdemeanor. The fine is $300 to $1,000 and the jail term is not fewer than 10 days and not more than 12 months, but the judge may suspend, stay, or probate the whole sentence at the judge’s sole discretion. The one hard floor is that if your alcohol concentration was 0.08 grams or more, the judge may probate all but 24 hours, so a standard case carries a real-world minimum of 24 hours actually served. The fine, by contrast, is not probatable except under the indigency provision. A first conviction also requires at least 40 hours of community service, a risk-reduction program within 120 days, and a clinical evaluation. Georgia grades priors on a ten-year window, and it measures that window in an unusual way, from the date of each earlier arrest to the date of the current arrest rather than conviction to conviction. The first and second convictions are misdemeanors, the third is a high and aggravated misdemeanor, and the fourth or subsequent within ten years is a felony carrying $1,000 to $5,000 and one to five years. This entry was read from a disclosed Justia mirror of the 2024 Code because Georgia publishes no free official HTML statute text.
Common questions
What is the penalty for a first DUI in Georgia?
A first DUI is a misdemeanor with a $300 to $1,000 fine and 10 days to 12 months in jail under O.C.G.A. 40-6-391(c)(1). The judge may probate the jail term, except that at 0.08 grams or more at least 24 hours must actually be served. Community service and a risk-reduction program are also required.
When is a DUI a felony in Georgia?
A fourth or subsequent DUI conviction within a ten-year period is a felony. It carries a fine of $1,000 to $5,000 and one to five years, of which the judge may suspend all but 90 days.
How does Georgia count prior DUIs?
Georgia uses a ten-year window measured from the date of each earlier arrest that led to a conviction or nolo plea to the date of the current arrest. It is arrest to arrest, so a prior can still count even when the earlier conviction looks older than ten years.
Can I avoid jail on a first Georgia DUI?
The judge can probate the entire jail term for a standard first offense, but at 0.08 grams or more at least 24 hours must actually be served. The fine and community service are not avoidable in the same way.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.