Georgia DUI / DWI Penalties (2026)

Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges in Georgia: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing dui / dwi charges in Georgia, consult a licensed Georgia criminal defense attorney.

Georgia DUI / DWI Penalties

OffensePenalty
First Offense10 days–12 months jail, $300–$1,000 fine, 1-year suspension
Second Offense90 days–12 months jail, $600–$1,000 fine, 3-year suspension

Habitual violator status possible after repeat offenses

DUI / DWI Statute of Limitations in Georgia

In Georgia, the general statute of limitations for a felony is 4 years and for a misdemeanor is 2 years.

See all Georgia statutes of limitations →

Defending Against DUI / DWI Charges in Georgia

Common defenses in Georgia dui / dwi cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Georgia criminal defense attorney for advice.

Related Georgia Laws