Georgia DUI Laws: The Recent Changes to DUI Laws in Georgia

Updated: December 28, 2025

Georgia DUI laws are far more complex than most Georgia drivers realize. Under DUI laws in GA, you can face DUI Georgia law charges even when your blood alcohol concentration (BAC) falls below 0.08%—a charge known as "DUI Less Safe." Understanding DUI laws in Georgia is essential to protect your driving privileges and awareness of your options CAN avoid life-altering penalties.

Since 1995, our law firm partners have written the leading book on Georgia DUI law. This book on the best-known motor vehicle crime is 1400 pages in length and is published by the world's largest legal publisher, Thomson-Reuters. All partners have co-authored two or more legal books or chapters in books relating to DUI arrests.

Our three partners bring over 95 combined years of defending these charges for over 10,000 clients. DUI defense involves one of the most serious misdemeanors in the United States as well as in the state of Georgia.

It is not uncommon for a local nightly news report about DUI checkpoint laws in Georgia, or a DUI wreck causing a death in Georgia. Yet, in the past decade or more, the number of sobriety checkpoints has dropped dramatically due to shortages of police personnel statewide.

Our Firm's partners write a Georgia DUI law update for this leading book on NEW DUI law GA. The acronym "DUI" stands for driving under the influence but is commonly called drunk driving. However, Georgia's laws prohibit far more than driving while impaired by alcohol. Our laws criminalize any driving by an obtunded driver, even if "impaired" from taking too much over-the-counter medication.

Between 2017 and 2019, Georgia implemented major reforms to its DUI and implied consent laws, significantly transforming administrative processes and constitutional safeguards for motorists. These modifications resulted from legislative measures and pivotal rulings by the Georgia Supreme Court, redefining the state's DUI enforcement strategy.

Georgia's Major 2017 Legislative Changes

House Bill 205 (Effective July 1, 2017)

Georgia's biggest change to GA D.U.I. laws 2017 came from House Bill 205. Governor Nathan Deal signed it in 2016. The changes took effect on July 1, 2017.

This legislation made two important changes to Georgia's DUI license suspension process:

(a) Extended the Appeal Timeframe: The law changed the old "10-day rule" to a new 30-day deadline. Now, drivers can ask for an administrative hearing within 30 calendar days after getting the DDS-1205 form. The 10-business-day timeframe caused many drivers to lose their ability to drive for a full 12 months, since they never called a knowledgeable DUI attorney within the 10-day deadline.

(b) Drivers under current law who were arrested for DUI must "file" a written request within 30 days after the arrest date. This is the only option for drivers under the age of 21, and any repeat offenders with a prior conviction that had a "date of arrest" within 5 years of the current date-of-arrest.

That appeal filing fee is $150, and this civil law proceeding will allow the accused DUI driver to challenge his or her administrative license suspension. If they do not file within this time, their license will be automatically suspended on the 45th day after the form was issued to the arrested DUI suspect.

(c) The New Option for an Ignition Interlock Device Limited Permit (IIDLP) for those who "qualify." House Bill 205 had a key change for first-time DUI offenders in Georgia. First offenders (see how this is defined in the foregoing paragraph) --- ages 21 and older --- who are facing an administrative suspension can OPT for this limited-driving permit option if they can get a GA DDS IID permit and get the interlock device installed within 30 days.

Alternatively, the person can apply for an Ignition Interlock Device Limited Permit within 30 days after their arrest date. This option lets them keep driving while their case moves through the legal system. WARNING: This appeal must be postmarked or sent electronically ON or BEFORE that 30th day following the arrest date.

To qualify for the IIDLP, drivers must meet certain criteria. That arrested DUI driver cannot have any DUI convictions within the last five (5) years. This is measured by dates of arrest.

Also, (to have the interlock option) the DUI arrest must not be from an accident with serious injuries or deaths. To seek this relief, the driver also must have had a valid Georgia driver's license when arrested. The person must install an approved ignition interlock device in a single vehicle they can drive and not drive any other vehicle.

The time you must use the ignition interlock device depends on whether you took the state test. If you took a breath, blood, or urine test, you must use the device for four (4) months. If you refused the post-arrest test, you must use it for 12 months. It is important to understand a few things. If you refuse the test, you cannot shorten the 12-month requirement. This rule applies even if your case is later dismissed or reduced.

No Significant DUI-Specific Legislation occurred for GA DUI laws 2018

The 2018 legislative session did not produce major standalone DUI law reforms. However, Senate Bill 407 (SB 407), a comprehensive criminal justice reform package signed by Governor Nathan Deal on May 7, 2018, included minor technical amendments to driver's license provisions. This new law primarily focused on expanding more criminal justice reforms including bail reform for misdemeanor offenses, increased court authority to convert monetary fines to community service and enhanced several aspects of accountability court provisions.​

A technical amendment to OCGA 40-5-64.1 became effective May 8, 2018, but this represented only minor clarifications to the ignition interlock permit provisions enacted the previous year.​

Note: House Bill 407, which is frequently mentioned in DUI contexts, was passed in 2013, not 2018. That 2013 legislation mandated ignition interlock devices for second DUI offenses within five years and extended the monitoring period for second offenders.​

As opposed to the year before, GA D.U.I. laws brought the most significant disruption in a Georgia DUI case law update than any other years on that decade.

The Major Shift in GA DUI Laws 2019. The Georgia Supreme Court's decision in Elliott v. State, 305 Ga. 179, 824 S.E.2d 265 (February 18, 2019), represented the most consequential DUI law development of 2019. Hundreds, if not thousands, of pending DUI cases obtained reductions, due to many alcohol breath test cases being reduced.

This unanimous decision from Georgia's highest court fundamentally altered Georgia's implied consent framework.​ It held that the current implied consent law "warning" was misleading, because breath alcohol testing required a detained driver to "self-incriminate" by using her or his body to deliver those alcohol results.

Andrea Elliott was arrested for DUI and refused to submit to a breath test on an Intoxilyzer 9000 device. Under Georgia's long-standing practice dating back to the 1960s, prosecutors had been permitted to use a defendant's refusal to take a breath test as evidence of "consciousness of guilt" at trial. Elliott's defense attorney challenged this practice as a violation of the Georgia Constitution's protection against compelled self-incrimination.​

The Supreme Court held that Georgia's implied consent law violated the state constitution to the extent it allowed prosecutors to introduce evidence of a breath test refusal at a DUI trial. The Court reasoned that while the U.S. Supreme Court had previously held that the Fifth Amendment does not prohibit states from using breath test refusals as evidence, the Georgia Constitution provides broader protections than the federal constitution. Under Article I, Section I, Paragraph XVI of the Georgia Constitution, the admission of breath test refusal evidence violated a defendant's right against compelled self-incrimination.​

The Elliott decision had immediate and far-reaching implications: prosecutors could no longer comment on a defendant's refusal to take a breath test, and judges could no longer instruct juries that they could infer impairment from such refusal. The decision applied only to breath test refusals, not to blood or urine test refusals.​

Understanding DUI laws in Georgia is your first line of defense. Knowing your rights and what counts as impairment can help you. It can make a big difference between being convicted and having your case dismissed.

If you face DUI charges in Georgia, time is important. You have only 30 days from your arrest date to appeal your license suspension. Our award-winning legal team has defended many DUI cases.

We have also written the top legal guide on Georgia DUI laws. Before January of a coming year, our 3 law partners provide our publisher with a new Georgia DUI law update, that is released in May of the upcoming year

Don't let a DUI charge ruin your life. Call now for your free case review. We offer payment plans because no one expects to be arrested for DUI.

Call 404-567-5515 now for your no-cost initial case review. Obtain your FREE Consultation, which is available 24/7. A DUI conviction in Georgia means a lifetime criminal record. This record can  NEVER be restricted or erased, unlike how it is possible to do in more than 40 other states.

• GA DUI laws can still charge you with a DUI in GA based on impairment, even if your BAC is below legal limits.
• Mandatory penalties can include jail time, fines, license suspension, and high insurance rates, if convicted of driving impaired.
• You have only 30 days after the date of arrest to appeal a license suspension, but some drivers have option to install a 12-month ignition interlock device.
• Field sobriety tests are optional. If you decline them, it can help your defense. Watch Mr. Head’s informative video on this subject.
• Many defense strategies to challenge DUI evidence and procedures. In 1991, Mr. Head co-authored a national DUI vs DWI book outlining how to win DUI cases.

• Long-term effects can impact your job, housing, insurance, and career opportunities.
• Having skilled and experienced legal help is vitally important to your likelihood of navigating DUI laws in Georgia.

Kohn & Yager LLC’s three attorneys have amassed more than 95 years of experience in defending DUI charges. They provide strong and knowledgeable support for your case.

Why not take advantage of a FREE consultation with top-ranked DUI lawyer in Georgia? Dial 404-567-5515 for help, and do it 24 hours a day, on weekends and on holidays. Don’t MISS YOUR DEADLINE TO SECURE DRIVING PRIVILEGES.