Under 21 DUI in Georgia

The Legal Limit Is 0.02 If You Are Under 21

For drivers 21 and older, Georgia’s per se limit is 0.08. For drivers under 21, O.C.G.A. § 40-6-391(k) sets it at 0.02, which one drink can reach for some people. An underage driver can be charged under the 0.02 rule, under the regular 0.08 rule, or as a “less safe” DUI based on the officer’s observations, and prosecutors often charge more than one of these in the same case.

The criminal penalties for an under-21 DUI conviction, including possible jail time, fines, probation, community service, DUI school, and a clinical evaluation, generally track the adult penalties. See first DUI offense penalties and second DUI offense penalties. The biggest difference for younger drivers is what happens to the license.

License Suspensions for Under-21 DUI Convictions

Under O.C.G.A. § 40-5-57.1, DDS treats an under-21 DUI conviction more harshly than an adult conviction:

• First suspension, blood alcohol 0.02 to under 0.08: at least a 6-month suspension, with no limited driving permit.
• First suspension, 0.08 or higher, or a test refusal: at least a 12-month suspension, with no limited driving permit.
• Second suspension within five years: at least 18 months, beginning with a 120-day period of no driving at all, followed by possible eligibility for an ignition interlock permit.
• Third suspension: revocation for five years, with an ignition interlock requirement on reinstatement.

The permit options that help many adult first offenders are not available here. A driver under 21 cannot get the regular limited permit during a first under-21 suspension, and cannot get the refusal ignition interlock permit, which is limited to drivers 21 and older.

The ALS Case Still Matters, and the 30-Day Deadline Still Applies

An underage driver who tests at 0.02 or higher, or who refuses, also faces an administrative license suspension separate from the criminal case. The implied consent notice read to drivers under 21 warns that a result of 0.02 or more can lead to a suspension of at least one year. The 30-day deadline to request a hearing is the same as for adults. Because interlock permits are not an option for most young drivers, the ALS hearing is often the only way to protect the license before the criminal case is resolved. It is also an early chance to question the officer under oath.

Consequences Beyond the License

For a student or young professional, a DUI conviction can affect more than driving. It can show up on background checks for jobs, internships, and graduate programs, affect college discipline and housing, raise insurance costs, and create problems for anyone applying for a license in a regulated profession. See your professional license after a Georgia arrest and how a DUI affects your criminal record. Georgia’s record restriction laws generally do not allow a DUI conviction to be removed from your record, which is why the goal is usually to avoid a DUI conviction in the first place.

Defending an Under-21 DUI

A 0.02 case is still a science case. The State must show a lawful stop, probable cause for the arrest, a properly read implied consent notice, and a test result that was obtained and analyzed correctly. Common issues include:

• Whether the officer had a valid reason for the stop and enough evidence to arrest;
• Whether the breath test was administered according to GBI requirements, since small errors matter more at very low readings;
• Whether the field sobriety tests were given and scored correctly; and
• Whether the correct under-21 implied consent notice was read.

Depending on the facts, a reduction to a non-DUI charge can avoid the under-21 DUI suspension entirely.

Related Topics

• DUI test refusal and implied consent
• What to do in the first 30 days after a DUI arrest
• The Georgia DUI process
• Georgia DUI defense overview

Talk to a Lawyer Before the 30 Days Run Out

Parents often call us first, and we are glad to talk with the family. Ben Sessions is board certified in DUI defense by the National College for DUI Defense. We handle under-21 DUI cases statewide, including in Macon, Warner Robins, Milledgeville, and Athens. Call (470) 225-7710 for a free case review. Every case is different, and past results do not guarantee a similar outcome.