Arrested for DUI?

An arrest for DUI is a serious offense.  If you are arrested and either refuse to take the breath test or fail it, your license will be revoked for a period of 1-3 years.  Your only hope to keep your license is to "appeal" or request a hearing through the Georgia Department of Motor Vehicle Safety within 10 days of your arrest and win this hearing.  As of May 2010, Georgia law now requires $150 filing fee for this hearing.  This hearing is totally separate from your criminal case.

Georgia law requires that you submit to either a breath or blood/urine test.  If you fail the breath test by blowing a .08% or more, your license will be suspended, but you can qualify for a work permit if it is your 1st DUI in 5 years.

 If you refuse to take the breath test:

  • The refusal will be used against you in court; however
  • The state won't have any actual or real evidence of your blood/alcohol level
  • Your refusal will cause your driver's license to be suspended by the Department of Motor Vehicles and you won't qualify for a limited driving work permit.


Punishments for a DUI conviction under the age of 21 include:


A blood alcohol content of .02% or greater is considered DUI for any driver under the age of 21.

  • Suspension of driver's license for 6 months with no provision for a limited permit or early reinstatement
  • No nolo contendere plea
  • Attendance at a DUI school
  • At least 20 hours of community service, to begin within 60 days of sentencing
  • Loss of ability to obtain next graduated license level for 12 months


FOR THE FIRST OFFENSE (.08% or more)

Punishment is the same as for the first offense under .08% except:

  • Mandatory jail term not less than 24 hours
  • Community Service not less than 24 hours
  • Suspension of license for 12 months, with no reinstatement prior to the end of the suspension period



Punishment is the same as for the first offense except:

  • For drivers 18 years or older, suspension of driver's license for a minimum of 18 months, with a provision of ignition interlock permit after 12 months
  • Community Service not less than 30 days
  • Clinical evaluation and treatment if indicated
  • Mandatory jail term not less than 72 hours
  • The court will order a person convicted of a 2nd and subsequent DUI to surrender all license plates registered in his or her name to the court