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GEORGIA LEGAL GUIDE

How DUI Works in Georgia

What happens after a DUI arrest — the criminal case, the license hearing, plea options, and typical penalties for first and repeat offenders.

Typical timeline

3 – 9 months

Fastest path

30 days (early plea to a reduced charge)

Filing fee

Varies by county

GA venue

State + county court

Overview

DUI in Georgia, in plain English

A DUI (driving under the influence — also called DWI, OWI, or OUI depending on the state) is a criminal charge with two parallel tracks: a criminal case in court and an administrative case at the state's motor vehicle agency.

Both tracks have short, strict deadlines. Missing the administrative hearing window almost always triggers an automatic license suspension regardless of how the criminal case ends.

What follows is the Georgia-specific version of the dui process — including the rules that most often surprise people, and the typical timeline and cost ranges you should plan for.

The Legal Process

Step-by-step: dui in Georgia

Each step below shows the typical Georgia sequence and how long it takes. Steps may overlap; complex cases add discovery and motion practice.

  1. 1

    Arrest & booking

    Same day

    Field sobriety tests, breath/blood test, and booking. The officer typically issues a temporary driving permit and a notice of suspension.

  2. 2

    DMV hearing request

    10–30 days

    Most states give 10–30 days to request an administrative license hearing. Miss the window and the suspension takes effect automatically.

  3. 3

    Arraignment

    1–4 weeks after arrest

    First court appearance. The charge is read, a plea is entered, and bond conditions are set (often no-alcohol, ignition interlock).

  4. 4

    Discovery & motions

    1–3 months

    Counsel reviews the police report, dash/body cam, breath machine maintenance logs, and blood test chain of custody. Motions to suppress are common.

  5. 5

    Plea negotiation

    1–4 months

    First offenses often resolve to a reduced charge (wet reckless, reckless driving) or a diversion program. Repeat offenses face mandatory minimums.

  6. 6

    Trial (if no plea)

    1–3 days

    Bench or jury trial on whether the prosecution can prove impairment beyond a reasonable doubt.

  7. 7

    Sentencing & reinstatement

    Suspension: 30 days – 1+ year

    Probation, fines, alcohol education, community service, ignition interlock, and license reinstatement after the suspension period.

Costs

What dui costs in Georgia

A first-offense DUI typically costs $4,000–$10,000 all-in when fines, court costs, fees, alcohol education, increased insurance, and an ignition interlock are included.

Attorney fee (first-offense plea)
$2,500 – $5,000
Attorney fee (DUI trial)
$7,500 – $25,000
Court fines & costs
$500 – $2,500
Alcohol education / DUI school
$300 – $1,500
Ignition interlock device (monthly)
$70 – $120
Auto insurance increase (3 yrs)
$3,000 – $10,000

Ranges are typical Georgia figures. Your matter's complexity, contested issues, and counsel's experience all move the number.

Attorney Recommendations

Verified Georgia DUI Defense attorneys

Featured attorneys with active Georgia licenses and dui defense practice experience. Each offers a consultation to discuss your matter.

MA
Verified
Featured

Margaret L. Ainsworth

4.6

Managing Partner · Hawthorne Law Offices

Springfield, IL
DUI DefenseTruck Accident
13 yrs expConsult
View Margaret L. Ainsworth's profile, DUI Defense attorney in Springfield, IL.
LB
Verified
Featured

Lucas T. Blackwell

4.9

Principal Attorney · Carmichael Legal

Tacoma, WA
Citizenship & NaturalizationDUI Defense
32 yrs expConsult
View Lucas T. Blackwell's profile, Citizenship & Naturalization attorney in Tacoma, WA.
HK
Verified
Featured

Harrison I. Kensington

4.4

Of Counsel · Caldwell Counsel

Cambridge, MA
Personal InjuryDUI Defense
14 yrs expConsult
View Harrison I. Kensington's profile, Personal Injury attorney in Cambridge, MA.
All Georgia DUI Defense attorneysBrowse Georgia directory

FAQs

DUI in Georgia — common questions

Should I refuse the breath test?
+
Every state has an implied consent law — refusal triggers an automatic license suspension (often longer than a failed test) and can be used as evidence. Speak with counsel before deciding, but refusal carries real consequences.
Will a DUI stay on my record forever?
+
DUI convictions are permanent in most states. Some allow expungement after a clean waiting period; others do not. A skilled attorney can sometimes negotiate to a reduced charge that is expungeable.
Do I really need a lawyer for a first DUI?
+
Yes. The administrative hearing deadline, evidentiary motions, and plea negotiations all benefit from local DUI experience. The cost of doing it wrong (license loss, insurance hikes, missed diversion options) far exceeds the fee.
What is the legal BAC limit?
+
0.08% for non-commercial drivers in every state, 0.04% for commercial license holders, and effectively 0.00 (or 0.01–0.02) for drivers under 21.

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