Georgia DUI Laws in 2026

This article presents Georgia DUI laws in 2026, including types of charges, meanings, penalties, and punishments. Read our comprehensive overview to understand potential consequences for 1st DUI, 2nd DUI, 3rd DUI, Felony DUI, Underage DUI, and DUI Less Safe charges. Learn how a DUI charge might be reduced, and how certain factors complicate DUI cases.

Georgia DUI Laws 2025 vs. 2026

Georgia DUI laws 2025 to 2026 added a key update that increased the focus on Ignition Interlock Devices for repeat offenders. The new DUI laws in 2026 also enhanced procedural rules for administrative license suspensions within 30 days of a DUI arrest.

Georgia DUI laws make it illegal to drive under the influence of alcohol, marijuana, controlled substances, illegal drugs, inhalants, or other substances that affect motor skills and judgment.

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.

O.C.G.A. 40-6-391 | The legal meaning of Georgia DUI Laws

Per the National College for DUI Defense website, the following is the legal language for Georgia DUI laws:

(a)(1) Driving while under the influence of alcohol (DUI Less Safe – Alcohol) – this is an impaired driving subsection;

(a)(2) Driving while under the influence of any drug (prescription or non-prescription) – this is an impaired driving subsection; NOTE: DUI marijuana charges must be alleged under this subsection;

(a)(3) Driving while under the influence of toxic vapors (glue) – this is an impaired driving subsection;

(a)(4) Driving while under the influence of any two or more of the above – this is an impaired driving subsection;

(a)(5) Driving while under the influence of alcohol, with alcohol concentration 0.08 grams or more at any time within three hours after such driving ended – this is a per se offense;

(a)(6) Driving while under there is any amount of a controlled substance present in the person’s blood, urine or both, including the metabolites and derivatives and regardless of whether there is any alcohol in the breath or blood – this a per se offense; NOTE: although marijuana remains in the statute, DUI marijuana cannot be prosecuted as a per se offense.

(i) Driving, etc., a commercial vehicle, while under the influence of alcohol, with alcohol concentration 0.04 grams or higher;

(k) under-21 drivers, Driving, etc., while under the influence of alcohol, with alcohol concentration 0.02 grams or higher.
(End DUI Laws in Georgia meaning definition)

Georgia DUI Laws Are Strict

Charges of Driving Under the Influence (per se 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. There are highly punitive consequences for underage and CDL DUI convictions. All DUI convictions establish a permanent arrest record which can be found via background checks.

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.

What Is 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.

Vehicles Subject to DUI Laws

Georgia DUI laws apply to all types of motorized vehicles. This includes cars, trucks, motorcycles, watercraft, electric scooters, e-bikes, and even golf carts. There are Georgia BUI laws that cover boating under the influence. Georgia BUI laws cover yachts, boats, jet skis, and other motorized personal watercraft.

The bottom line: if you are under the influence and have control of the keys, you can get a DUI or BUI.

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. (See Zero Tolerance info below)

Georgia Zero Tolerance Laws

You may have heard discussions on Georgia Zero Tolerance Laws for underage drinking and driving. But what is the meaning of zero tolerance? The objective in the zero-tolerance approach is to arrest anyone underage who tests positive for even a trace of alcohol.

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.

Zero Tolerance Penalties

Zero tolerance enforcement has created a surge in DUI arrests. A DUI conviction brings both criminal and civil legal consequences. The civil actions are an administrative license suspension (loss of driving privileges). The criminal consequences include a permanent arrest record, fines, administrative fees, community service, and probation. Additional potential consequences are jail time, a requirement to install an ignition interlock device, substance abuse counseling, and more.

Hidden Consequences of DUI Convictions

In addition, there are extended consequences from being convicted of DUI. Motor vehicle insurance rates increase, and insurance coverage may be cancelled. Long-term consequences include problems obtaining employment, credit score downgrades, and problems with security privileges.

No Records Restriction Current DUI laws prevent a Records Restriction (expungement) or other form of removal of a DUI conviction from a driver’s record. A DUI will show up on personal background checks by potential employers, insurance companies, military, etc.

CDL DUI Consequences

A person with a Commercial Driver’s License (CDL) who is convicted of DUI faces lif-impacting problems. A first DUI (in a commercial or personal vehicle) results in a 1-year CDL suspension. A second DUI conviction results in a lifetime ban for CDL licensing. It is easy for a CDL holder to get a DUI because the legal BAC limit is 0.04%. Refusal to submit to testing is an automatic suspension. 

Urgent action is necessary! Any CDL holder has only 30 days to file an appeal to stop an administrative CDL license suspension.

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 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 Penalties

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.

DUI Defense Attorneys

An arrest is not a conviction. DUI lawyers fight to have charges dismissed or reduced. The benefits of having DUI charges dismissed are obvious. Reducing DUI charges to a reckless driving charge (which often can be done) offers tremendous benefits. Reducing a DUI charge eliminates almost all of the standard DUI punishments. Improving your driving record, lowering fines, minimizing insurance hikes or preventing cancellation, and protecting your driver’s license are other benefits.

DUI Defense Strategies and Tactics

How to Beat a DUI. There are several ways to affect charges being dropped or reduced. The best DUI defense lawyers have not only decades of experience, but also excellent resources. In-house investigators work with lawyers to do a top-to-bottom review of case facts. The law firm may bring in DUI expert witnesses to challenge evidence and police procedures. Every situation has its unique challenges and opportunities. Here are the most common ways to beat a DUI charge in Georgia:

• Challenge the legality (probable cause) for the traffic stop.
• Discover procedural or clerical errors, or constitutional violations.
• Challenge faulty field practices with the field sobriety test.
• Challenge accuracy of breathalyzer test, blood alcohol test, or equipment.
• Present explanations for alleged impairment (health conditions, fatigue, etc.
• File motions to suppress evidence and testimony statements.
• Negotiate to calm aggressive prosecution, resulting in dismissing or reducing charges.

Probable Cause and Pretext for a Traffic Stop

Was My Arrest Legal? A typical DUI arrest comes after an officer initiates a traffic stop for a minor moving violation. Common pretexts for a traffic stop are a non-functioning brake light or headlight, failure to use a turn signal, use of a cell phone, etc. In other instances, it is behavior related, such as aggressive driving, improper lane changes, driving unusually slow, failure to maintain lane, crossing the fog line, not stopping at the balk line, etc.

The interaction during the traffic stop may establish grounds for probable cause to test a person for DUI. Police may notice physical indicators such as slurred speech, poor coordination, bloodshot or glassy eyes, and incoherent conversation. Sensory indicators include smelling alcohol or marijuana, seeing drug paraphernalia or open containers, or even an air freshener hanging from a rearview mirror.

DUI with Other Charges

The best DUI lawyers have broad criminal defense experience. Hiring such a lawyer is particularly important when a person is charged with DUI and other offenses. A DUI arrest often includes charges for obstruction, resisting, evading, eluding, speeding, possession, and more. Any charges that can be dropped greatly improve the severity of the situation.

Georgia Open Container Law

Per the Georgia Highway Safety website; "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."²

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.