This page will help you understand Georgia alcohol laws and avoid expensive fines or even jail. Not to mention time and legal costs.
Georgia alcohol laws apply to all residents and visitors. It’s easy to think that its laws are the same as in other states. That could be a big mistake. They even differ within Georgia. But not knowing the law is no defense.
Overview
I. Alcohol Minimum Ages
II. Other Alcohol Laws
III. Resources
IV. Get Legal Advice
I. Alcohol Minimum Ages
Many young people want part-time jobs. Hospitality offers many. Often around alcohol. How old must a person be to serve alcohol? To sell it for drinking elsewhere? To tend bar? They need answers. So we provide them.
Georgia alcohol laws permit adults to tend bar. Of course, adults are those 18 or older. They may also serve in venues that sell alcohol for on-site drinking.
No state alcohol law gives any minimum age for selling alcohol for off-site drinking.
Georgia alcohol laws permit some drinking under the age of 21. They may do so for religious purposes. Or when prescribed by a physician. The state also permits them to have alcohol in the home of a parent or guardian in their presence.
Many parents do this to demystefy alcohol and to teach moderation. They think it’s better for young people to learn to drink in the parents’ house than in a frat house. This approach is effective.
Buying alcohol with a false ID is a crime. Also it’s illegal for anyone under 21 to drive with a BAC over 0.02.
II. Other Georgia Alcohol Laws
A. Selling Alcohol
In Georgia, package stores sell distilled spirits liquor). Grocery and convenience stores sell beer and wine.
Because of local option, counties and towns set the days/times for alcohol sales. But they may not permit sales before 8:00 a.m. or after 11:45 p.m. Mondays through Saturdays.
If local laws permit Sunday sales, businesses may not sell before 12:30 p.m. Sunday or remain open after 11:45 p.m. In addition, package stores may not sell on Sundays.
It’s a violation of Georgia alcohol laws to sell alcohol to anyone under the age of 21. The penalty is jail for up to one year and a $1,000 fine. Note that Georgia treats non-alcoholic beer and wine as alcoholic beverages.
A business can be held responsible for alcohol-related accidents under certain conditions. One is if the seller did not obtain proper ID. The other is if the business sold alcohol to an intoxicated person.
The penalty for providing alcohol to anyone under 21 is jail for up to one year and a $1,000 fine. In addition, the court typically charges the provider with contributing to the delinquency of a minor.
Conviction for “contributing to the delinquency of a minor” may prevent people from entering certain jobs. They education, social work, and others.
Parents may file a civil suit against a person who provided alcohol to their offspring, including adults, under 21.
For a map of Sunday alcohol sales restrictions, see Georgia Counties.
B. Buying Alcohol
It’s illegal for anyone under 21 to buy, or attempt to buy, any alcoholic beverage. Retailers may confiscate false IDs and report it to police. It’s also illegal for those under 21 to possess alcohol. But the cases are so numerous that the Legislature has stepped in.
As a result, first-time offenders may plead guilty. Then the court may dismiss the charges under certain conditions. These are generally probation, a fine, community service, and an alcohol awareness class. Of course, a judge decides the punishment.
In addition, some prosecutors agree to expunge the record as part of the plea agreement.
It’s also illegal for anyone to possess an unregistered beer keg. The penalty is jail for up to 12 months and a fine up to $1,000. The same penalty applies to destroying the label on a keg.
C. Driving and Alcohol
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Georgia alcohol laws prohibit driving under the influence (DUI). For those 21 or older, that’s driving a regular vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. It’s 0.04% for those driving commercial vehicles. And it’s 0.02% for those under 21.
The exact penalties for DUI depend on the judge and the facts of the case. That includes age, type of license, the BAC, any previous convictions, and many others. Also, those drivers with a BAC of 0.15% or above receive higher punishments. The law requires some penalties, others are within ranges, and some are up to the judge.
DUI Penalties Age 21 & Older
First Offense
License suspension for up to one year.- Fine of at least $300. But it could be as high as $1,000.
- License reinstatement fee of $210.
- Community service of 40 hours.
- DUI program. The offender must pay $355 for it.
- Possible jail for up to one year.
Second Offense within five years
- Jail for two to 365 days.
- License suspension for 18 months to three years.
- Fine of at least $600. But it could be as high as $1,000.
- License reinstatement fee of $210.
- Community service of at least 30 days.
- DUI program. The offender must pay $355 for it.
- Possible interlock ignition device (IID) on vehicle. This prevents the engine from starting if there’s alcohol on the driver’s breath. It’s expensive and the offender must pay for it.
Third Offense
- Jail or at least 15 days.
- License revocation for five years.
- Confiscation of license plate.
- Fine of at least $1,000. But it could be as high as $5,000.
- License reinstatement fee of $410.
- Community service of at least 30 days.
- DUI program. The offender must pay $355 for it.
- Clinical evaluation and treatment.
- Status of Habitual Violator.
- Name, address, and photo published in offender’s local newspaper. The offender must pay for it.
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Famous People Arrested for Drunk Driving.
DUI Penalties Ages 16-20
First Offense
- License suspension for six months for BAC under 0.08.
- Suspension for one year for BAC 0.08 or over.
- License reinstatement fee of $210.
- DUI program. The offender must pay $355 for it.
Second Offense within Five Years
- License suspension for 18 months regardless of BAC level.
- License reinstatement fee of $310.
- DUI program. The offender must pay $355 for it.
- Clinical evaluation and possible treatment.
Third Offense within Five Years
- License suspension for five years.
- License reinstatement fee of $410.
- DUI program. Again, the offender must pay $355 for it.
- Clinical evaluation and possible treatment.
DUI Penalties Age 15 and Younger
First Offense
- License suspension until age 17.
- DUI program. The offender must pay $355 for it.
- License reinstatement fee of $210.
Second Offense
- License suspension until age 18.
- DUI program. The offender must pay $355 for it.
- License reinstatement fee of $310.
Third Offense
- License suspension until age 18.
- DUI program. Of course, the offender must pay $355 for it.
- License reinstatement fee of $410.
Drivers must transport opened alcohol containers in a vehicle’s trunk.
Driver Rights
All drivers have a U.S. Constitutional right to decline taking to a chemical BAC test. But the state punishes those who do. It’s a license suspension for up to one year. And if a court convicts them of a first DUI, their suspension isn’t for “up to” one year.” It’s a required one year suspension. For a second DUI, the license suspension is for three years. That’s instead of 18 months to three years.
Field SobrietyTests
But Georgia alcohol laws do not punish drivers who refuse to take a field sobriety test. These are not accurate. In fact, 30% of completely sober people fail them. That is, about one of every three people with a BAC of 0.00% fail to pass! And they fail under ideal indoor conditions.
Lawyers strongly urge people never, ever to take them. They say to politely refuse. And do so over and over if needed.
But it won’t be easy. Police have clever ways to talk drivers into taking the tests. They often falsely insist that the law requires it. Not true. In fact, no state in the U.S. requires it.
They may say the test will prove they’re innocent. Yet people don’t have to prove their innocence. It’s the state that must prove them guilty! And police don’t consider passing as proof of sobriety.
Learn much more at Never Take a Field Sobriety.
D. Boating and Alcohol
Georgia alcohol laws prohibit boating under the influence (BUI). Boating includes operating personal watercraft (PWC), water skis, sailboard, wakeboard or similar device. Nor may an owner permit anyone else to do so.
Those age 21 or older are guilty of BUI if they operate while their BAC is 0.08 or higher. This is also true if police detect drugs. And those under 21 are guilty if their BAC is 0.02 or higher.
Penalties
Those convicted of BUI face fines of up to $1,000 and/or jail for up to one year. They may not operate a vessel until successfully completing an approved DUI program. Of course, they must pay for it.
If anyone age 13 or younger is onboard, the offender is also guilty of endangering a child. Conviction of this crime can have adverse impact on career choices. For instance, education, social work, etc.
Boaters who use their right to decline BAC test may not operate a vessel for up to one year. The state may argue in court that the use of the right proves guilt.
III. Resources on Georgia Alcohol Laws
IV. Legal Advice on Drinking Laws in Georgia
Georgia’s alcohol laws can change. Courts can change their interpretation. They can conflict. Or be vague. So do not rely on this site. Nor on any other site.
And beware. Neighbors may describe incidents. Co-workers may give advice. Friends may express views. Kin may “know it all.” Strangers may chime in. But law is not “do it yourself.” Lawyers spend years studying it. Smile and thank them. Their advice is worth what you paid for it. That is, nothing. And it could be wrong.
Get facts and advice about Georgia alcohol laws from an expert. That is a lawyer holding a license in the state. The state bar (lawyers) association has a free lawyer referral service.
It’s also best to pick a lawyer who specializes in alcohol. Law is very complex. You wouldn’t want your family MD to do brain surgery.
Now you now know much more about Georgia alcohol laws than most residents of the state. Kudos!
Do you know a fact should be added to this page? If so, please contact hansondj [at sign] potsdam [dot] edu/. Thank you for any help!