Is a DUI a felony in Georgia?
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On a fourth inside ten years — the third is something else. Georgia has a step between misdemeanor and felony that other states do not: the third conviction inside ten years is a high and aggravated misdemeanor. The fourth is the felony, and it carries one to five years, at least 90 days that cannot be suspended, 60 hours of community service and five years of probation less time served.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in GA — and the paperwork will use none of them. Georgia charges it under a section number, and that is what decides the range below.
Grade. Felony
Confinement. 1 to 5 years, of which 90 days cannot be probated
Fine. $1,000 to $5,000
Georgia Code § 40-6-391 · O.C.G.A. § 40-6-391(c)(3), (4) · checked 2026-09-04
The facts that make a DUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| When the ten-year window is measured from | Arrest dates, not conviction dates | Every counting provision in the section measures from the dates of previous arrests that led to convictions or nolo pleas, to the date of the current arrest. A case that took a year to resolve therefore starts its clock a year earlier than most people assume — sometimes helpfully. Georgia Code § 40-6-391 · O.C.G.A. § 40-6-391(c) · checked 2026-09-04 |
| A third conviction inside ten years | High and aggravated misdemeanor — not yet a felony | The step Georgia inserts before the felony. It carries a fine of $1,000 to $5,000 and is the reason a third conviction here is not the same event as a third conviction in Florida or Virginia. Georgia Code § 40-6-391 · O.C.G.A. § 40-6-391(c)(3) · checked 2026-09-04 |
The device is a separate track
Georgia routes you through a limited driving permit rather than a flat suspension. For a second DUI within five years the interlock permit requires three things before it is issued: proof the device is already installed on every vehicle you will drive, a certificate from a DUI risk reduction program, and authorization from the court that handled the charge.
In Georgia the interlock term runs Interlock permit and is administered by Georgia Department of Driver Services, with court authorization for repeat offenses — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: Georgia Department of Driver Services, with court authorization for repeat offenses
Georgia DUI questions
Is a DUI a felony in Georgia?
On a fourth inside ten years — the third is something else. Georgia has a step between misdemeanor and felony that other states do not: the third conviction inside ten years is a high and aggravated misdemeanor. The fourth is the felony, and it carries one to five years, at least 90 days that cannot be suspended, 60 hours of community service and five years of probation less time served. When the ten-year window is measured from: arrest dates, not conviction dates. A third conviction inside ten years: high and aggravated misdemeanor — not yet a felony.
What does a 3rd DUI in Georgia carry?
Felony: 1 to 5 years, of which 90 days cannot be probated, and a fine of $1,000 to $5,000. The range is set by O.C.G.A. § 40-6-391(c)(3), (4), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Georgia?
When the ten-year window is measured from — arrest dates, not conviction dates. A third conviction inside ten years — high and aggravated misdemeanor — not yet a felony.
Does an interlock come with it in Georgia?
Georgia routes you through a limited driving permit rather than a flat suspension. For a second DUI within five years the interlock permit requires three things before it is issued: proof the device is already installed on every vehicle you will drive, a certificate from a DUI risk reduction program, and authorization from the court that handled the charge. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Georgia Department of Driver Services, with court authorization for repeat offenses.
Other steps in Georgia: first offense penalties and second offense penalties.
All Georgia DUI rules →Penalties across the states →Georgia DUI lawyers →Getting the license back →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.