Georgia's first DUI offense carries mandatory minimum penalties, but the specific consequences depend on your blood alcohol content, whether you refused a breath test, and whether anyone was injured

A first DUI conviction in Georgia results in a driver's license suspension of at least 12 months, a fine between $300 and $1,000, and up to 12 months in jail. You will also be required to complete a DUI Risk Reduction Program (also called a "DUI school"), pay court costs, and install an ignition interlock device on your vehicle for a minimum of 12 months if you want to drive during the suspension period. The exact penalties increase if your blood alcohol content (BAC) was 0.15 or higher, or if you refused the breath test.

Georgia law distinguishes between a DUI arrest (which happens when ready) and a DUI conviction (which comes only after trial or a guilty plea). The arrest triggers an automatic administrative license suspension separate from any criminal court penalties. Understanding which penalties explore at which stage, and what your options are before trial, can significantly affect your outcome.

Key Takeaways

  • Your driver's license is suspended administratively within 10 days of arrest unless you request a hearing with the Georgia Department of Driver Services.
  • A first DUI conviction carries a mandatory minimum 12-month license suspension, $300 to $1,000 fine, and up to 12 months in jail, plus DUI school and ignition interlock costs.
  • If your BAC was 0.15 or higher, or you refused the breath test, penalties increase to a minimum $600 fine and 12 months of ignition interlock use.
  • You have the right to request an administrative hearing on your license suspension and a separate criminal trial on the DUI charge itself.
  • Diversion programs and plea negotiations may be available depending on your county and the specific facts of your case.

The administrative license suspension happens when ready, separate from criminal court

When you are arrested for DUI in Georgia, the arresting officer takes your physical driver's license and gives you a temporary permit valid for 30 days. During those 30 days, the Georgia Department of Driver Services (DDS) automatically suspends your license based on the arrest alone — not on a conviction. This suspension is administrative, meaning it is a civil penalty that occurs outside the criminal court system.

You can challenge this suspension by requesting a hearing with DDS within 10 days of your arrest. If you do not request a hearing, or if you request one and lose, your license suspension becomes effective on the 46th day after arrest. The suspension lasts 12 months for a first offense if you submitted to a breath or blood test, or 12 months if you refused the test (though refusal carries additional penalties in criminal court).

During the suspension period, you may be able to obtain a limited permit that allows you to drive to work, school, medical appointments, or DUI school. The rules for limited permits vary by county, and you must request one through your local probate court, not through DDS.

Criminal court penalties for a first DUI conviction

The criminal DUI case is separate from the administrative license suspension. If you are convicted in criminal court (either by guilty plea or after trial), Georgia law imposes mandatory minimum penalties. For a first offense with a BAC below 0.15, the minimum is a $300 fine, up to 12 months in jail, and a 12-month license suspension (which runs concurrent with the administrative suspension if both explore).

If your BAC was 0.15 or higher, the minimum fine increases to $600, and you must use an ignition interlock device for a minimum of 12 months. If you refused the breath or blood test, you face a minimum $600 fine and 12 months of ignition interlock use, even if your BAC is unknown. An ignition interlock device costs between $60 and $150 per month to install and maintain, and you pay this cost yourself.

In addition to fines and jail time, you must complete a DUI Risk Reduction Program approved by the Georgia Department of Driver Services. This program typically costs between $300 and $500 and involves classroom instruction on alcohol and drug awareness. You are also responsible for court costs, which vary by county but typically range from $200 to $500.

What a DUI Risk Reduction Program requires

Georgia law requires all first-time DUI offenders to complete a DUI Risk Reduction Program before their license can be reinstated. The program is a one-day or two-day classroom course (depending on the provider) that covers the effects of alcohol and drugs on driving, the consequences of impaired driving, and risk reduction strategies. You must complete this program even if your case is dismissed or reduced to a lesser charge in some circumstances.

The program must be completed through a provider approved by the Georgia Department of Driver Services. You can find approved providers on the DDS website or ask your attorney or the court clerk for a list. The cost is typically $300 to $500, and you pay it directly to the provider. Some counties offer programs at lower cost through community colleges or nonprofit organizations.

You must bring proof of completion to the DDS when you explore to reinstate your license. If you do not complete the program, your license remains suspended indefinitely.

Ignition interlock requirements and costs

An ignition interlock device is a breath-testing machine installed in your vehicle that prevents the engine from starting if it detects alcohol on your breath. Georgia requires ignition interlock use for a minimum of 12 months if your BAC was 0.15 or higher or if you refused the breath test. For a BAC below 0.15, ignition interlock is not mandatory but may be ordered by the judge as part of sentencing.

You must use an ignition interlock device certified by the Georgia Department of Driver Services. The device costs between $60 and $150 per month to install and maintain, and you are responsible for all costs. You must also pay for calibration visits (typically monthly) and removal when the requirement ends. The total cost over 12 months typically ranges from $720 to $1,800.

If you are required to use an ignition interlock device, you can drive during your license suspension period, but only in a vehicle equipped with the device. You cannot drive anyone else's vehicle, and you cannot disable or tamper with the device.

Your options before trial: administrative hearing and criminal defense

You have two separate opportunities to challenge the DUI before accepting a conviction. First, you can request an administrative hearing with the Georgia Department of Driver Services to challenge the license suspension. This hearing is held before a DDS hearing officer and focuses only on whether the officer had legal grounds to arrest you for DUI — not on whether you are guilty of the crime itself. If you win the administrative hearing, the license suspension is cancelled, though you may still face criminal charges.

Second, you have the right to a criminal trial or to negotiate a plea agreement with the prosecutor. At trial, the prosecution must prove beyond a reasonable doubt that you were driving under the influence. The evidence typically includes the officer's observations, field sobriety test results, breath or blood test results, and witness testimony. You have the right to cross-examine the officer and challenge the accuracy of any tests.

Many first-time DUI cases are resolved through plea negotiations. The prosecutor may offer to reduce the charge to reckless driving, a lesser offense that does not carry a mandatory license suspension or DUI school requirement. Whether such an offer is available depends on the facts of your case, the county where you were arrested, and the prosecutor's policies. An attorney can advise you on the strength of the prosecution's case and the likelihood of a favorable plea offer.

Diversion and conditional discharge programs in some Georgia counties

Some Georgia counties offer diversion or conditional discharge programs for first-time DUI offenders. These programs allow you to avoid a conviction if you complete certain requirements, such as DUI school, community service, counseling, and a period of probation. If you successfully complete the program, the charge is dismissed and you have no criminal conviction.

Diversion programs are not available in all counties, and may be able to access depends on factors such as your BAC level, whether anyone was injured, and your prior criminal history. You must request entry into a diversion program through your attorney or the court, and the prosecutor must agree. If you are accepted into a program and complete it successfully, the DUI charge is dismissed, though the arrest record remains public.

The requirements and timeline for diversion programs vary by county. Some programs last 6 months, while others last 12 months or longer. You should ask your attorney whether your county offers a diversion program and whether you may be a candidate.

Frequently Asked Questions

Can I drive at all during my license suspension?

You can drive with a limited permit if you request one through your local probate court. A limited permit allows you to drive to work, school, medical appointments, DUI school, and court-ordered programs. You cannot use a limited permit to drive for any other purpose, and you must carry the permit with you while driving.

What happens if I refuse the breath test?

Refusing the breath test results in a 12-month administrative license suspension and a mandatory minimum $600 fine and 12 months of ignition interlock use if you are convicted. The refusal itself is admissible as evidence in court and can be used to suggest consciousness of guilt, though it cannot be used to prove your BAC.

Can a first DUI be reduced to a lesser charge?

Yes, in many cases the prosecutor will negotiate a reduction to reckless driving or a similar charge. Reckless driving does not carry the same mandatory penalties as DUI, including no mandatory license suspension or DUI school. Whether a reduction is offered depends on the facts of your case and the prosecutor's policies.

How long does a DUI stay on my record in Georgia?

A DUI conviction remains on your criminal record permanently in Georgia. However, after 7 years, you may be able to have the arrest record restricted (hidden from public view) if you were not convicted. A conviction cannot be restricted or expunged.

What if I cannot afford the fines, DUI school, and ignition interlock costs?

You can request a payment plan through the court for fines and court costs. Some DUI school providers offer sliding-scale fees based on income. Ignition interlock costs cannot be waived, but some providers offer payment plans. Discuss your financial situation with your attorney, who can advocate for you in court.