Georgia DUI penalties, from a first offense to a felony
Georgia sets DUI penalties in O.C.G.A. § 40-6-391, and they rise with each conviction inside a 10-year window. This page sets out the ranges in the statute and the license suspension that follows from DDS. It cannot tell you what sentence any one case will get.
Last reviewed · Information, not legal advice
The offense
Under O.C.G.A. § 40-6-391 it is a crime to drive or be in actual physical control of a moving vehicle:
- while under the influence of alcohol, drugs, or a combination, to the extent that it is less safe to drive; or
- with an alcohol concentration of 0.08 or more at any time within three hours after driving, from alcohol consumed before the driving ended.
Lower limits apply to drivers under 21 (0.02) and to commercial drivers (0.04). Driving under the influence with a child under 14 in the vehicle is a separate offense in the same statute.
Penalties by conviction
The table summarizes the ranges in § 40-6-391(c). "Within 10 years" means counting prior convictions within ten years.
| First conviction | Second in 10 years | Third in 10 years | Fourth or more in 10 years | |
|---|---|---|---|---|
| Level | Misdemeanor | Misdemeanor | High and aggravated misdemeanor | Felony |
| Fine | $300 to $1,000 | $600 to $1,000 | $1,000 to $5,000 | $1,000 to $5,000 |
| Jail or prison | 10 days to 12 months; all but 24 hours may be suspended if 0.08 or more | 90 days to 12 months, at least 72 hours served | 120 days to 12 months, at least 15 days served | 1 to 5 years |
| Community service | At least 40 hours | At least 30 days | At least 30 days | Required |
| Risk Reduction Program | Required | Required | Required | Required |
| Clinical evaluation | Required, and treatment if recommended | Required | Required | Required |
Probation for the rest of the sentence follows in each case. The statute also allows other conditions; your lawyer or the court can explain what applies.
No first offender treatment
Georgia's First Offender Act lets some people avoid a conviction record, but § 40-6-391 says it does not apply to DUI. A plea of nolo contendere to DUI is limited by law and counts as a conviction for future DUI purposes.
The license suspension after a conviction
Separately from the court sentence, DDS suspends the license of a driver 21 or older convicted of DUI. DDS says suspensions run from 120 days to five years depending on the prior record.
- First DUI in five years: a 12-month suspension. DDS says the driver can apply for reinstatement after 120 days with a certificate from a DDS-approved DUI Alcohol or Drug Use Risk Reduction Program and the reinstatement fee.
- Reinstatement fee: for a first DUI (21 and over), DDS lists $200 by mail or $210 in person.
- Refusal: DDS says a refusal brings a minimum one-year suspension and no limited permit if you are convicted of a first DUI.
More detail is in the reinstatement guide and the interlock permit guide.
Felony DUI and serious injury
A fourth DUI within 10 years is a felony. Separate Georgia statutes cover a DUI that causes serious injury or death, which carry much heavier penalties and are heard in superior court. A lawyer can explain how those charges work.
Where your case is heard
In Helen, a misdemeanor DUI is usually heard in Helen Municipal Court, White County Probate Court, or White County Superior Court. The local resources page lists each court with its address and phone number.
Costs beyond the sentence
The fine is rarely the only cost. People convicted of DUI in Georgia often also face court costs and surcharges, probation supervision fees, the Risk Reduction Program fee, the clinical evaluation and any treatment, towing and storage fees, DDS reinstatement fees, interlock costs if a device is required, and higher insurance premiums. Ask the court or your lawyer for a full list of what you may owe.
Questions to ask the court or your lawyer
- Is this a first, second, or later DUI under the 10-year count?
- Is it charged as a less safe DUI, a per se DUI at 0.08 or more, or both?
- What is the next court date, and must I attend in person?
- How will DDS treat my license after a conviction, and when could I apply for reinstatement?
Reading the law yourself
The full text of § 40-6-391 and the DDS pages on suspensions and reinstatement are linked in the sources below. The statute is long and has many cross-references, so it is easy to misread one part on its own. Use it to prepare questions, not to predict an outcome.
A note on these numbers
These are the ranges written in the statute and the suspension periods DDS publishes. Judges decide sentences inside those ranges, and the legislature can change them. Confirm anything that matters to your case with the court or a licensed attorney.
Find local help
Listings come from public records or from the business itself. A listing is not a recommendation.
Common questions
Will I go to jail for a first DUI in Georgia?
The statute sets a range of 10 days to 12 months for a first conviction. If the alcohol concentration was 0.08 or more, the judge may suspend all but 24 hours of it. What a judge actually orders depends on the case; this site cannot predict it.
Can a first DUI be handled as first offender?
No. Georgia's DUI statute says first offender treatment is not available for a DUI charge.
How far back do prior DUIs count?
For the criminal penalties, the statute counts prior convictions within 10 years, measured from the dates of the arrests. DDS counts license consequences on its own schedule, often over five years.
Sources
Official sources checked on October 28, 2026.