What statute defines DUI in Georgia?

Ga. Code Ann. § 40-6-391 is the controlling DUI statute in Georgia. You can read the current text on the official code site at law.justia.com.

What is the Georgia implied-consent law?

Ga. Code Ann. § 40-5-67.1 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DUI arrest.

Georgia DUI Statutes: The Code Sections That Control Your Case

The statutes that control Georgia DUI cases

DUI in Georgia is defined by Ga. Code Ann. § 40-6-391, and the chemical-testing rules sit in Ga. Code Ann. § 40-5-67.1. Both are published in the official state code at law.justia.com, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.

Georgia official code — DUI statute

Statutory text, definitions, BAC thresholds and sentencing ranges.

Implied-consent provision

What refusing a breath, blood or urine test costs you.

Statute at a glance

Georgia DUI law at a glance

Sourced from the Georgia code and state agency sites. Verify current text before relying on it.

Offense name: DUI (Georgia)
Controlling statute: Ga. Code Ann. § 40-6-391
Implied consent: Ga. Code Ann. § 40-5-67.1
Per se BAC limit: 0.08 (0.04 CDL, 0.02 or lower under 21)
Licence hearing deadline: 30 days after arrest
Prior-offense lookback: 10 years
First-offense fine: $300–$1,000
First-offense jail exposure: up to 1 year
Licence suspension: 1 year
Ignition interlock: Not automatic on a first offense
Trial court: the State Court or Superior Court
High-risk filing: SR-22 for 3 years

Miss the ALS deadline and the suspension takes effect automatically.

First-offense exposure under Ga. Code Ann. § 40-6-391: $300–$1,000, up to 1 year of jail exposure, and a 1 year licence suspension. Miss the ALS deadline and the suspension takes effect automatically.

What Ga. Code Ann. § 40-6-391 actually says

O.C.G.A. § 40-6-391(a)(1) — driving or being in actual physical control of a moving vehicle while under the influence of alcohol to the extent it is less safe to drive.
O.C.G.A. § 40-6-391(a)(2) — driving under the influence of any drug to the extent it is less safe to drive.
O.C.G.A. § 40-6-391 also prohibits driving with an unlawful alcohol concentration and adds child-endangerment provisions.

Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on law.justia.com carries an effective date — amendments passed after it are not yet reflected.

Other Georgia sections that control the case

O.C.G.A. § 40-6-391

Core DUI offense and penalty statute.

O.C.G.A. § 40-5-67.1

Implied consent notice and administrative licence suspension.

Georgia ZIP codes covered

These Georgia ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.

Counties and cities using these Georgia resources

Other Georgia official resources

Georgia DUI Courts: Where Your Case Is Heard Georgia Driver Licensing After a DUI: Hearings, Reinstatement & SR-22

Frequently asked questions

What statute defines DUI in Georgia?: Ga. Code Ann. § 40-6-391 is the controlling DUI statute in Georgia. You can read the current text on the official code site at law.justia.com.
What is the Georgia implied-consent law?: Ga. Code Ann. § 40-5-67.1 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DUI arrest.