First Offense
Possible jail time up to one year
Fine of $300 minimum, up to $1,000
License suspension of up to one year
40 hours of community service, minimum mandatory
$200 license reinstatement fee
Second Offense within Five Years of First Offense
Minimum mandatory 48 hours in jail, possible 90 days to one year
Fine of $600 minimum, up to $1,000
License suspension of three years
Minimum 30 days community service
$210 license reinstatement fee
A mandatory clinical evaluation and, if indicated, completion of a substance abuse
treatment program at the offender's expense
Third Offense within Five Years of Second Offense
Minimum mandatory 15 days jail time
Fine of $1,000 minimum, up to $5,000
License revocation for five years
Minimum mandatory 30 days community service
Violator's name, photo, and address published in local newspaper at violator's expense
Declared as habitual violator, the license plate for his/her vehicle will be seized by the sent to the court and forwarded
to the Department of Motor Vehicle Safety
Face a mandatory clinical
evaluation and, if indicated, completion of substance abuse treatment program at the offender's expense
Open Container Law 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.
This provision does not apply to any passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation or in the living quarters of a motor home or house trailer.
Aggressive Driving Law A person commits the offense of aggressive driving when he/she operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person. Any person convicted of aggressive driving will be guilty of a misdemeanor of a high and aggravated nature and a six point assessment toward the suspension of their drivers license.
For All Offenses of Georgia Impaired Driving Laws The court shall order a person convicted of impaired driving to have an ignition interlock device attached to his/her vehicle for second and subsequent offenses within five (5) years, unless the court exempts the person due to financial hardship.
Minors: In addition to court-imposed penalties, drivers between the ages of 15-21 who are convicted of impaired driving must delay obtaining their graduated license for 12 months. The BAC level for DUI for persons under 21 has been established at .02, while the level for adults is .08.
