Georgia Code
Article 15 - Serious Traffic Offenses
§ 40-6-391. Driving Under the Influence of Alcohol, Drugs, or Other Intoxicating Substances; Penalties; Publication of Notice of Conviction for Persons Convicted for Second Time; Endangering a Child

provided, however, that if the ten-year period of time as measured in this paragraph commenced prior to July 1, 2008, then such fourth or subsequent conviction shall be a misdemeanor of a high and aggravated nature and punished as provided in paragraph (3) of this subsection;
History. Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 47; Ga. L. 1968, p. 448, § 1; Code 1933, § 68A-902, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1983, p. 1000, § 12; Ga. L. 1984, p. 22, § 40; Ga. L. 1985, p. 149, § 40; Ga. L. 1985, p. 758, § 17; Ga. L. 1987, p. 3, § 40; Ga. L. 1987, p. 904, § 1; Ga. L. 1988, p. 1893, § 2; Ga. L. 1989, p. 14, § 40; Ga. L. 1990, p. 2048, § 5; Ga. L. 1991, p. 1886, §§ 6-8; Ga. L. 1992, p. 2556, § 2; Ga. L. 1994, p. 1600, § 8; Ga. L. 1996, p. 1413, § 1; Ga. L. 1997, p. 760, § 23; Ga. L. 1999, p. 293, §§ 1, 2; Ga. L. 1999, p. 391, §§ 7, 8; Ga. L. 2001, p. 208, § 1-5; Ga. L. 2005, p. 334, § 18-15.1/HB 501; Ga. L. 2007, p. 47, § 40/SB 103; Ga. L. 2008, p. 498, §§ 2, 3, 4/HB 336; Ga. L. 2009, p. 8, § 40/SB 46; Ga. L. 2010, p. 422, § 1/HB 898; Ga. L. 2013, p. 294, § 4-48/HB 242; Ga. L. 2014, p. 710, §§ 1-19, 4-1/SB 298.
Cross references.
Confinement of juvenile violators of subsection (k) of this Code section, § 15-11-35 .
Compensation of victims of violation of this Code section, § 15-21-110 et seq.
Intoxication as relieving person from criminal responsibility for actions, § 16-3-4 .
Public drunkenness, § 16-11-41 .
Seizure and disposition of driver’s license of persons charged with driving under influence of alcohol or drugs, § 40-5-67 .
Notices of implied consent to chemical tests and rights of motorists, § 40-5-67.1 .
Ignition interlock device limited driving permits, § 40-5-64.1 .
Ignition interlock devices, § 42-8-110 et seq.
Navigating vessels while intoxicated, § 52-7-12.
Suspension, revocation, and cancellation forms based on violations, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Driver Services, Driver License Services, § 375-3-3-.06.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1985, “this Code section” was substituted for “ Code Section 40-6-391” in paragraph (c)(1) and in the first sentence of paragraph (d)(2).
Pursuant to Code Section 28-9-5, in 1987, “and” was deleted at the end of subparagraph (c)(2)(B) and “Code section” was substituted for “Code” in the first sentence of paragraph (d)(2).
Pursuant to Code Section 28-9-5, in 1990, “section” was inserted following “Code” the first time that word appears in the first sentence of paragraph (d)(2) due to its inadvertent omission from Ga. L. 1990, p. 2048, § 5.
Pursuant to Code Section 28-9-5, in 1991, “this chapter” was substituted for “Chapter 6 of Title 40” in paragraph (h)(2).
Pursuant to Code Section 28-9-5, in 1999, subparagraphs (c)(1)(D), (c)(2)(D), and (c)(3)(D) as enacted by Ga. L. 1999, p. 391, § 7, were redesignated as (c)(1)(E), (c)(2)(F), and (c)(3)(F), respectively, and punctuation was revised accordingly.
Editor’s notes.
Ga. L. 1994, p. 1600, § 11, not codified by the General Assembly, provides that the provisions of the Act shall apply only to cases arising out of arrests occurring on or after January 1, 1995, except that the provisions amending subsection (a) of Code Section 40-6-391.1, restricting the acceptance of a plea of nolo contendere to a charge of violating Code Section 40-6-391, and the provisions amending subsection (c) of Code Section 40-6-391, changing the criminal penalties for violations of the section, shall become effective July 1, 1994, and except that the provisions amending subsection (g) of Code Section 40-5-67.1, relating to the time for requesting a hearing on an administrative suspension, the stay of a suspension pending such hearing, and the early termination of an administrative suspension under certain conditions shall apply to cases pending on July 1, 1994.
Ga. L. 1996, p. 1413, § 2, not codified by the General Assembly, provides: “This Act shall become effective July 1, 1996, and shall apply with respect to offenses committed on or after that effective date. This Act shall not apply to or affect offenses committed prior to that effective date.”
Ga. L. 1997, p. 760, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Teen-age and Adult Driver Responsibility Act.’ ”
Ga. L. 1997, p. 760, § 27, provides that the amendment made by the Act to this Code section shall apply to offenses committed on or after July 1, 1997, and shall not apply to offenses committed prior to that date.
Ga. L. 1999, p. 391, § 2, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as ‘Heidi’s Law.’ ”
Ga. L. 2008, p. 498, § 5/HB 336, not codified by the General Assembly, provides, in part, that the amendment to this Code section, by that Act, shall be applied to offenses occurring on or after July 1, 2008; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (c) of Code Section 40-6-391, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after July 1, 2008, shall be considered.
Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.”
Law reviews.
For article, “Challenges to Humanitarian Legal Approaches for Eliminating the Hazards of Drunk Alcoholic Drivers,” see 4 Ga. L. Rev. 251 (1970).
For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 203 (1997).
For article, “The Harper Standard and the Alcosensor: The Road Not Traveled,” see 6 Ga. St. B.J. 8 (2000).
For annual survey of criminal law, see 57 Mercer L. Rev. 113 (2005).
For article, “No Second Chances: Immigration Consequences of Criminal Charges,” see 13 Ga. St. B.J. 26 (2007).
For article, “The Experiential Future of the Law,” see 60 Emory L.J. 585 (2011).
For note discussing operation of Ga. L. 1968, p. 448 (see now O.C.G.A. § 40-6-392 ) and constitutional issues raised by the concept, see 20 Mercer L. Rev. 489 (1969).
For note on the 1991 amendment of this Code section, see 8 Ga. St. U.L. Rev. 129 (1992).
For note on the 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 298 (1992).
For note, “Rodriguez v. State: Addressing Georgia’s Implied Consent Requirements for Non-English-Speaking Drivers,” see 54 Mercer L. Rev. 1253 (2003).
For comment on Harper v. State, 91 Ga. App. 456 , 86 S.E.2d 7 (1955), holding that one is under the influence of alcohol when it appears that it is less safe for him to operate a motor vehicle than it would be if he were not so affected, see 18 Ga. B.J. 190 (1955).
For comment on Flournoy v. State, 106 Ga. App. 756 , 128 S.E.2d 528 (1962), see 14 Mercer L. Rev. 442 (1963).
For comment, “Death of the DUI: Should Autonomous Vehicles Be Considered Synonymous to Designated Drivers Under Georgia Law?,” see 70 Mercer L. Rev. 1113 (2019).