Worried About an Underage DUI on Your Record?
An under-21 DUI in Georgia can be terrifying for young drivers and parents alike, especially when you learn that Georgia zero tolerance DUI laws mean a very low BAC can still lead to a charge. A conviction at 17, 18, or 20 can affect college plans, scholarships, jobs, and insurance for years to come. The good news is that an arrest is not the same as a conviction, and there are defenses and options that may protect your future. Our Dallas, GA underage DUI attorney helps families across Paulding County and West Georgia understand what is at stake and what can be done.
Georgia’s Zero Tolerance Rule for Drivers Under 21
01
Zero Tolerance BAC Limit (0.02%)
For drivers under 21, Georgia’s legal BAC limit is just 0.02%, far lower than the 0.08% limit for adults. That means even a small amount of alcohol—sometimes from what feels like “just one drink”—can trigger an under 21 DUI Georgia charge. Because 0.02% is such a strict standard, breath test and procedure issues become especially important in defending these cases.
02
How Underage DUI Differs From Adult DUI
Underage DUI Georgia law treats drivers 17–20 as adults in criminal court, but with harsher license rules than many over-21 drivers face. The court can impose similar criminal penalties to adult DUI—probation, fines, community service, DUI school, and possible jail time. However, for drivers under 21, a conviction often means a hard license suspension with no limited permit, even on a first offense. This is why a reduction to a non-DUI offense can be so critical for young drivers.
03
License Suspension for a First Under-21 DUI
A first underage DUI conviction usually leads to a significant license suspension, even if your BAC was under 0.08%. When the test result is 0.02% or higher but below 0.08%, a first conviction often means a 6-month hard suspension with no limited permit. If the BAC is 0.08% or above, the suspension can be 12 months with no limited permit, a harsh outcome for students and young workers who rely on driving.
04
Penalties Beyond License Loss
In addition to license suspension, a first under-21 DUI can bring fines, court costs, probation, DUI school, and community service. Young drivers may also have to complete alcohol and drug evaluations and follow recommended treatment or counseling. Insurance rates often spike, and some schools, employers, and scholarship programs may view an underage DUI very negatively. We keep these long-term impacts in mind when negotiating or taking a case to trial.
05
Impact on Education and Future Opportunities
For many families, the biggest fear is how an underage DUI will affect college and career plans. A DUI conviction can appear on background checks, college applications, and professional license applications. It can make it harder to get certain jobs, internships, or housing, especially in competitive fields. Our goal is to protect not just the case in front of you, but your child’s opportunities for years to come.
What Happens After an Under-21 DUI Arrest in Georgia?
After an underage DUI arrest, the young driver is typically taken to jail, processed, and given a court date, just like an adult. The officer may seize the driver’s license and issue paperwork that triggers an Administrative License Suspension (ALS) process with Georgia DDS. Over the next few weeks, there will be decisions about requesting an ALS hearing, appearing in local court—often the State Court in Dallas for Paulding County cases—and deciding whether to challenge or negotiate the charge. Throughout this time, our firm works to explain each step clearly, communicate with the prosecutor, and look for ways to reduce or avoid a DUI conviction.
First vs. Second Under-21 DUI: Penalties at a Glance
Penalties for underage
DUI in Georgia depend on your BAC level and whether it is a first or repeat offense. Parents often need a simple, side-by-side comparison to understand what a young driver is facing. The table below gives a general overview of how first and second underage DUIs compare in terms of
license consequences and core penalties.
| First Under-21 DUI (BAC 0.02–0.079) | License: Typically a 6-month hard suspension with no limited permit. | Penalties: Probation up to 12 months, fine (often at least a few hundred dollars), DUI school, alcohol and drug evaluation, and at least 20 hours of community service. |
|---|---|---|
| First Under-21 DUI (BAC 0.08 or Higher) | License: Often a 12-month hard suspension with no limited permit, since Georgia zero tolerance DUI rules are especially strict for under-21 drivers with higher BACs. | Penalties: Similar criminal penalties to adult first-offense DUI, including possible 24 hours or more in jail (sometimes credited or waived), fines, probation, DUI school, and at least 40 hours of community service. |
| Second Under-21 DUI (Within 5 Years) | License: A much longer suspension—often several years—with tougher conditions for reinstatement. | Penalties: Harsher fines, more community service, increased jail exposure, and stricter probation terms that can seriously disrupt school and work. |
| DUI Conviction vs. Reduced Charge (e.g., Reckless Driving) | DUI Conviction: Permanent DUI on criminal and driving record, hard license suspension, and heavy impact on insurance and opportunities. | Reduced Charge: No DUI conviction on the record, often more flexible license and insurance outcomes, and a better long-term story for colleges and employers. |
Because an under-21 DUI conviction cannot be undone later, we work hard to pursue reductions, dismissals, and outcomes that keep a young driver’s future as open as possible.
Defenses and Options for Underage DUI in Georgia
Every under-21 DUI case is unique, and the right defense depends on the facts, the BAC result, and how the stop and testing were handled. We look closely at whether the officer had a lawful reason to pull the vehicle over, whether field sobriety tests were given correctly, and whether the breath test equipment and procedures were reliable at such low BAC levels. In some cases, negotiation can lead to a reduction to reckless driving or another non-DUI offense, which can dramatically improve license and record consequences. Our focus is on giving young drivers a second chance, not a permanent setback.
Under-21 DUI Questions From Georgia Families
What is Georgia’s zero tolerance law for underage DUI?
Georgia’s zero tolerance law means that drivers under 21 can be charged with DUI at a much lower BAC than adults—generally 0.02% or higher instead of 0.08%. That 0.02% threshold is so strict that even a small amount of alcohol can push a young driver over the line. The law is designed to strongly discourage any drinking and driving for underage drivers. Because of this, it is crucial to examine how the test was administered and whether the result is truly reliable.
Will I lose my license for a DUI under age 21?
Yes, a conviction for under-21 DUI in Georgia almost always leads to license suspension. For a first offense with a BAC between 0.02% and 0.079%, the suspension is often 6 months with no limited permit available. If the BAC is 0.08% or higher, the suspension can be 12 months with no permit, which is even more restrictive than for many over-21 drivers. A second offense brings even longer suspensions, so protecting the license on a first charge is extremely important.
Can an under-21 DUI be expunged or removed from my record?
Georgia law generally does not allow expungement or restriction of DUI convictions, even if they occurred when you were under 21. Once a DUI conviction is on your criminal and driving record, it is very difficult or impossible to erase. The best way to protect your future is to fight the charge now, seeking a dismissal or reduction so a DUI conviction never appears on your record in the first place. This is one of the main reasons families choose to hire an experienced underage DUI defense lawyer.
What are the penalties for a first underage DUI in Georgia?
A first under-21 DUI typically carries a combination of penalties, including up to 12 months of probation, fines plus court costs, DUI school, and community service. There may be a minimum jail term—often 24 hours—that can sometimes be waived or credited depending on the circumstances and BAC level. The license suspension (6 or 12 months with no permit, depending on BAC) is often the most life-disrupting part for young drivers. Judges also frequently require an alcohol and drug evaluation and any recommended treatment.
Do underage DUI offenders get any special leniency or programs?
There is no automatic “youth diversion” program that erases underage DUI charges, but prosecutors and judges may sometimes consider a young driver’s clean record and future plans when deciding on plea offers. In some cases, a reduction to reckless driving or another non-DUI offense is possible, especially if the BAC is low and there were no accidents or injuries. Every county and court is different, and outcomes depend heavily on the facts and advocacy in each case. Our job is to present a young client’s story in the strongest way possible and push for a result that gives them a real second chance.
Protect Your Future After an Underage DUI Arrest
Whether you are a student in Paulding County, attending classes in Marietta, or heading to college elsewhere in Georgia, an under-21 DUI does not have to decide your future. Based in Dallas and serving families across West Georgia, Garner Law Office defends young drivers with the skill, compassion, and urgency these cases demand.