Drunk and drugged driving laws in Georgia

By the end of this topic you can

• You can state Georgia's blood alcohol limits for drivers 21 and over and under 21.
• You can explain that drug-impaired driving is DUI, even with a prescription.
• You can describe Georgia's implied consent law and what refusing a test means.
• You can list the license suspensions an under-21 driver faces for DUI.
• You can plan a safe way home that never involves impaired driving.

What you need to know and understand

• At 21 or older, a blood alcohol concentration (BAC) of 0.08 or more counts as under the influence.
• Under 21, a BAC of 0.02 or more counts as under the influence.
• Having a prescription is not a defense if the medicine impairs your driving.
• The Drivers Manual lists DUI penalties of fines up to $1,000, jail up to 12 months and mandatory suspension.
• By driving in Georgia you agree to state chemical tests of blood, breath, urine or other bodily substances; refusing brings a suspension of at least one year.
• Under 21, a first DUI suspension is at least 6 months, or at least 12 months if BAC was 0.08 or more or you refused testing, with no limited permit.
• An open container of alcohol while driving carries 2 points.

Two limits, one rule

Georgia sets 0.08 BAC as the point at which an adult driver is legally under the influence, and 0.02 for anyone under 21. The 0.02 limit is so low that a single drink can reach it for some people. In practice, the only safe plan for a young driver is zero alcohol before driving.

BAC is not the only test. It is unlawful to drive under the influence of any drug or other substance that impairs you, whatever your BAC. Recreational marijuana is not legal in Georgia, and impairment from cannabis, illegal drugs, or legal medicines such as some sleep aids, painkillers and allergy pills can all lead to a DUI charge. Read medicine labels and ask a pharmacist before driving.

Implied consent

Georgia's implied consent law means that by driving on Georgia roads you agree to state-administered chemical testing if an officer suspects impairment. If you refuse, your license or privilege to drive in Georgia is suspended for at least one year, and a refusal of blood or urine testing can be used as evidence at trial. If you take the test and are over the limit, you also face suspension. After the state's test you may have additional tests by a qualified person you choose, at your own cost.

What a DUI costs a young driver

Teens also learn these rules in the Alcohol and Drug Awareness Program (ADAP); our ADAP guide covers the course.

• First DUI under 21 with a BAC of 0.02 to below 0.08, or no test result: at least 6 months' suspension, rising to at least 12 months if you already have a conviction for certain serious offenses.
• First DUI under 21 at 0.08 or above, or after refusing testing: at least 12 months' suspension.
• No limited driving permit is available for DUI convictions before age 21.
• A second DUI suspension: at least 18 months.
• A Class D holder with a major conviction in the previous 12 months cannot upgrade to a Class C at 18.
• Three convictions for offenses such as DUI, hit and run or racing within 5 years can make you a Habitual Violator, with license revocation.

Common mistakes

• Believing coffee, food or a cold shower will sober you up. Only time lowers BAC.
• Thinking a prescription makes impaired driving legal. It does not.
• Riding with a driver who has been drinking. Plan another way home or call a parent.
• Assuming one drink is fine at 18 or 19. The under-21 limit of 0.02 leaves almost no margin.

Test yourself: Drunk and drugged driving laws in Georgia

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Georgia 40-Hour Supervised Driving and the Parent/Teen Guide
• Georgia ADAP and eADAP
• Georgia Class CP and Class D License Rules for Teens