Georgia's Impaired Driving Laws & Penalties

First Offense

  • Possible jail time up to one year
  • Fine of $300 minimum, up to $1,000
  • License suspension of up to one year
  • 40 hours of community service, minimum mandatory
  • $210 license reinstatement fee

Second Offense within Five Years of First Offense

  • Minimum mandatory 48 hours in jail, possible 90 days to one year
  • Fine of $600 minimum, up to $1,000
  • License suspension of three years
  • Minimum 30 days community service
  • $210 set license reinstatement fee
  • A mandatory clinical evaluation and, if indicated, completion of a substance abuse
  • treatment program at the offender's expense

Third Offense within Five Years of Second Offense

  • Minimum mandatory 15 days jail time
  • Fine of $1,000 minimum, up to $5,000
  • License revocation for five years
  • Minimum mandatory 30 days community service
  • Violator's name, photo, and address published in local newspaper at violator's expense
  • Declared as habitual violator, the license plate for his/her vehicle will be seized by the sent to the court and forwarded to the Department of Motor Vehicle Safety
  • Face a mandatory clinicalevaluation and, if indicated, completion of substance abuse treatment program at the offender's expense

Open Container Law

The law defines "open alcoholic beverage container" as any bottle, can, or other receptacle that contains any amount of alcoholic beverage and: (1) is open or has a broken seal; or (2) the contents of which are partially removed.

The law prohibits anyone from consuming any alcoholic beverage, or possessing any open alcoholic beverage container in the passenger area of any motor vehicle which is on the roadway or shoulder of any public highway. Only a person who consumes an alcoholic beverage or possesses an open alcoholic beverage container will be charged with an open container violation; however, a driver who is alone in a motor vehicle shall be deemed to be in possession of any open alcoholic beverage container. Anyone who violates this law is subject to a fine not to exceed $200.

This provision does not apply to any passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation or in the living quarters of a motor home or house trailer.

Aggressive Driving Law

A person commits the offense of aggressive driving when he/she operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person. Any person convicted of aggressive driving will be guilty of a misdemeanor of a high and aggravated nature and a six point assessment toward the suspension of their drivers license.
All DUI convictions require completion of a DUI Drug or Alcohol Risk Reduction Program and a clinical evaulation (plus treatment, if indicated).

All Offenses of Georgia Impaired Driving Laws

The court shall order a person convicted of impaired driving to have an ignition interlock device attached to his/her vehicle for second and subsequent offenses within five (5) years, unless the court exempts the person due to financial hardship. This is required for any vehicle that is operated by the offender for a period of six (6) months.

License plates are also seized anytime a violator is convicted of a second or subsequent DUI within five (5) years.

Minors: In addition to court-imposed penalties, drivers between the ages of 15-21 who are convicted of impaired driving must delay obtaining their graduated license for 12 months. The BAC level for DUI for persons under 21 has been established at .02, while the level for adults is .08.