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Georgia DUI Charges

Georgia DUI law (O.C.G.A. § 40-6-391) makes it illegal to drive while impaired or with a BAC of 0.08% or more — 0.04% for commercial drivers and 0.02% for drivers under 21. Implied consent means refusing a state test can suspend your license, though a breath-test refusal can't be used against you at trial (Elliott v. State, 2019). A 4th DUI within 10 years is a felony — confirm current penalties.

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice, and Georgia’s DUI penalties are detailed and frequently amended — confirm the current numbers against the statute and talk to a Georgia attorney.

Driving under the influence (DUI) is one of the most common — and most consequential — Georgia charges.

What’s illegal

Under O.C.G.A. § 40-6-391, it’s unlawful to drive while under the influence of alcohol or drugs to the extent it’s less safe to drive, or with a blood/breath alcohol concentration at or above the limit:

  • 0.08% for drivers 21 and older;
  • 0.04% for commercial drivers; and
  • 0.02% for drivers under 21.

Note you can be convicted on the “less safe” theory even if your BAC is below 0.08%.

Georgia’s implied-consent law (O.C.G.A. §§ 40-5-55, 40-5-67.1) means that by driving you’ve agreed to a state-administered chemical test when lawfully arrested. Refusing can trigger an administrative license suspension. But there’s an important limit: under the Georgia Constitution, the State cannot use your refusal of a state-administered breath test against you at trial (Elliott v. State, 2019). That ruling is specific to breath tests — it doesn’t extend the same way to blood or urine.

Penalties escalate — and a 4th DUI is a felony

DUI penalties increase with each prior offense. A fourth DUI within a 10-year period is a felony, and even a first offense carries jail time, fines, license suspension, and other consequences. Because these amounts and lookback rules are detailed and amendment-prone, confirm the current penalties in the statute rather than relying on figures you read elsewhere.

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Frequently asked questions

What's the legal BAC limit in Georgia?
0.08% for drivers 21 and older, 0.04% for commercial drivers, and 0.02% for drivers under 21 (O.C.G.A. § 40-6-391). You can also be convicted for being impaired ('less safe') even below 0.08%.
Can I refuse a breath or blood test in Georgia?
Refusing a state-administered test can trigger an administrative license suspension under the implied-consent law (O.C.G.A. §§ 40-5-55, 40-5-67.1). But under the Georgia Constitution, a refusal of a state-administered breath test cannot be used against you at trial (Elliott v. State, 2019).
Is a Georgia DUI always a misdemeanor?
No. Penalties escalate with prior offenses, and a 4th DUI within a 10-year period is a felony. Even a first offense carries jail, fines, and license consequences — confirm the current penalty amounts against the statute.

Sources

Related guides

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