Georgia DUI Laws in 2026

This article is an introduction to Georgia’s DUI laws in 2026, including types of charges, penalties, and punishments. Read our comprehensive overview to understand potential consequences for 1st DUI, 2nd DUI, 3rd DUI, Felony DUI, and DUI Less Safe charges. Learn how a DUI charge might be reduced, and how certain factors can add weight to the charges.

Charges of Driving Under the Influence (DUI), or DUI Less Safe, should not be taken lightly. Georgia DUI laws provide for consequences intended to inhibit acts of impaired driving. Georgia’s approach to DUI laws in 2026 continues to have misdemeanor and felony level charges for impaired driving, with additional penalties for underage and CDL charges.

Each type of DUI charge has its own set of potential consequences. If you are charged with DUI, learn the basic info here, and then contact our DUI lawyers to talk about your situation. Call us at 678-880-9360 to arrange a free consultation.

What is DUI in Georgia?

When arrested for DUI in Georgia, the circumstances of your case determine the complexity of the charges. The charge of driving under the influence comes down to a police officer believing there is a substance in your system that is impairing your ability to drive. This may include alcohol, marijuana, prescription drugs, illegal drugs, and herbal substances such as Kratom.

Vehicles Subject to DUI Laws

In Georgia, DUI laws apply to all types of vehicles. This includes cars, trucks, motorcycles, watercraft, electric scooters, e-bikes, and even golf carts.

DUI Blood Alcohol Concentration Limits

Standard Class C license drivers can be charged with DUI if they have a blood alcohol concentration (BAC) of 0.08% or higher.

DUI Commercial Drivers (CDL) are held to a BAC limit of 0.04%.

DUI Under 21, the standard is 0.02%, however; any detectable amount of alcohol can lead to a DUI charge.

TADRA Laws & Guidelines. Anyone convicted of underage DUI, will face suspension of their driver’s license according to TADRA Laws & Guidelines. TADRA provides for punishments that are progressively harsher for each subsequent DUI conviction.

DUI Less Safe: A DUI Less Safe charge (DUI Per Se) applies when a driver is deemed to be “less safe” to drive due to the influence of alcohol or drugs. For alcohol-related issues this means being under the established legal limit for DUI. For other substances, this charge can be based on behavioral evidence, physical observations, field sobriety tests, and driver admissions.

Types of DUI Charges in Georgia

The penalties for DUI can vary significantly based on whether it is a first, second, third, or felony DUI offense. Here’s a closer look at the consequences for each category:

First DUI Offense

A first-time DUI offense in Georgia can lead to several punitive measures, including:

• Fines: Ranging from $300 to $1,000.
• Jail Time: Up to one year, though most first offenders do not serve jail time unless aggravating factors are present.
• License Suspension: A minimum of one year, though a temporary permit may be obtained for limited driving if requested.
• Community Service: 40 hours of community service.
• DUI Risk Reduction Program: Completion of a state-approved risk reduction program is required.
• Probation: Generally, probation is required instead of jail time, with specific conditions imposed by the court.

Second DUI Offense

The penalties for a second DUI offense within a 10-year period become significantly harsher:

• Fines: Range from $600 to $1,000.
• Jail Time: Mandatory minimum of 72 hours, up to one year.
• License Suspension: Three-year suspension, with eligibility for a limited permit after 18 months.
• Community Service: 30 days (in addition to the previous punishment).
• DUI Risk Reduction Program: Required again, alongside a clinical evaluation for substance abuse treatment.
• Probation: Similar to the first offense, with additional stipulations based on the nature of the offense.

Third DUI Offense

• A third DUI conviction within a 10-year period leads to more severe repercussions:
• Fines: Minimum of $1,000.
• Jail Time: Mandatory minimum of 15 days, up to one year.
• License Suspension: Five-year suspension, with potential for a limited permit after two years.
• Community Service: At least 30 days.
• DUI Risk Reduction Program: Required again, with a clinical evaluation.
• Probation: Typically, longer-term and more intensive supervision.

Felony DUI

A DUI can escalate to a felony in certain circumstances, such as when multiple DUIs occur within a 10-year span or if the offense leads to injury or death. Felony DUI charges carry heavy consequences:

• Fines: Can exceed $1,000 and often result in additional restitution if involved in an accident that caused bodily injury or property damage.Jail Time: 1 to 5 years, depending on the specific circumstances of the case.
• License Suspension: Up to 5 years, with limited options for reinstatement.
• Community Service: May be mandated but varies based on the court’s discretion.
• DUI Risk Reduction Program: Often required along with intensive outpatient treatment for substance abuse.
• Additional Consequences: A felony conviction can lead to a permanent criminal record, affecting employment and other areas of life.

CDL Driver DUI: Additional Penalties

A CDL license holder convicted of DUI faces additional consequences, regardless of the type of vehicle they are driving. This means a DUI in a commercial vehicle, motorcycle, or personal vehicle can all bring additional penalties.

A first DUI conviction is cause for a one-year CDL disqualification. A second DUI conviction is cause for a lifetime disqualification. Furthermore, federal laws also apply.

DUI Less Safe Charges

As previously mentioned, DUI Less Safe charges can be levied even if a driver does not exceed the legal BAC limit. The legal definitions and potential penalties are similar to those for a standard DUI:

• Fines: May range from $300 to $1,000.
• Jail Time: Up to one year (though first-time offenders may avoid jail).
• License Suspension: One year, with options for limited driving privileges.
• Community Service: 40 hours.
• Risk Reduction: Required completion of the DUI Risk Reduction Program.
• Probation: Typically mandated if jail time is avoided.

Aggravating Factors and Mitigating Circumstances

Georgia DUI laws also allow for aggravating factors that can elevate sentences, including:

• High BAC Level: A BAC of 0.15% or more can lead to stiffer penalties.
• Accidents with Injuries: Causing injury or damage during a DUI can result in felony charges.
• Child Endangerment: If a driver is charged with DUI while a minor under 14 years old is in the vehicle, harsher penalties will apply. Conversely, mitigating circumstances, such as participation in a substance abuse treatment program, can sometimes lead to reduced penalties.

Contact our DUI lawyers to discuss your situation. Our DUI experts will inform you of what is at risk and the options to help you get an optimal outcome. Call 678-880-9360 to arrange a free consultation.