Bail for a DUI in Georgia usually runs somewhere between a few hundred and a few thousand dollars for a first offense, and climbs sharply from there for repeat or felony charges. There is no statewide figure. Each county publishes its own bail schedule for common misdemeanors, and a judge can move the number up or down based on the facts of the arrest.
For a straightforward first-offense misdemeanor DUI with no accident, no injuries, and no extreme blood alcohol reading, county schedules generally fall in the $500 to $2,500 range. A rural municipal court often sets a lower default than a metro-Atlanta county. Georgia law guarantees bail in misdemeanor cases and tells judges to avoid excessive amounts, imposing only what is reasonably needed to ensure the defendant returns to court and to protect public safety.1Justia Law. Georgia Code 17-6-1 – When Offenses Bailable; Procedure
Typical Bail Ranges by Offense Level
Georgia grades DUI on a sliding scale based on prior convictions within a ten-year window. The more serious the charge, the higher the bail.
- First or second DUI. Both are misdemeanors. County bail schedules apply, and judges usually stay within a moderate range unless aggravating facts are present.2Justia Law. Georgia Code 40-6-391 – Driving Under the Influence
- Third DUI within ten years. A “high and aggravated misdemeanor.” Bail at this level is typically much higher than for a first offense because the court views the defendant as a greater risk.2Justia Law. Georgia Code 40-6-391 – Driving Under the Influence
- Fourth or subsequent DUI within ten years. A felony. A judge sets bail individually rather than from a schedule, and amounts of $5,000 to $10,000 or more are common depending on the defendant’s history and the arrest.2Justia Law. Georgia Code 40-6-391 – Driving Under the Influence
A DUI that seriously injures another person is a separate felony carrying one to fifteen years, regardless of prior DUI history.3Justia Law. Georgia Code 40-6-394 – Serious Injury by Vehicle Bail in that situation is set individually by a judge and can run substantially higher than a standard misdemeanor DUI.
What Moves the Number Up or Down
Even on a first offense, the schedule amount is a starting point. Georgia law directs judges to weigh several factors when deciding bail, and those same factors explain why two people arrested the same night in different counties can end up with very different numbers.1Justia Law. Georgia Code 17-6-1 – When Offenses Bailable; Procedure
- Flight risk and community ties. Local address, steady job, and family in the area push the amount down.
- Financial resources. Bail is supposed to motivate appearance, not be impossible to meet, so the court considers income, assets, and obligations.
- Danger to the community. An accident, high speed, or erratic driving pushes the amount up.
- BAC level. A reading well above 0.08% signals a more serious situation.
- Criminal history. Prior DUIs or other charges weigh heavily against you; a clean record works in your favor.
- Child in the vehicle. Driving under the influence with a child under 14 in the car is a separate child endangerment offense in Georgia, which means an additional charge and likely additional bail.2Justia Law. Georgia Code 40-6-391 – Driving Under the Influence
- Additional charges. Reckless driving, drug possession, or driving on a suspended license can each carry its own bail amount stacked on top.
What You Actually Pay Out of Pocket
The bail figure and the cash you hand over are not the same thing. Georgia allows three ways to post bail, and each has a very different cost.
Cash Bond
You pay the full amount to the court or jail, usually in cash or by certified check. If the defendant makes every required court appearance, the money comes back after the case ends.4Justia Law. Georgia Code 17-6-4 – Authorization of Posting of Cash Bail The catch is that you need the whole amount up front, and it stays tied up for the months a case can take. Unclaimed cash bail is kept by the county after two years.
Surety Bond Through a Bondsman
This is the most common route. You pay a bail bonding company a non-refundable fee, and the company guarantees the full bail amount to the court. Georgia caps that fee at 15% of the bond, with a $50 per-offense minimum.5Justia Law. Georgia Code 17-6-30 – Fees of Sureties On a $1,500 bail, that is up to $225. Some bondsmen charge 10% or 12%, but 15% is the legal ceiling. The fee is gone regardless of the case outcome.
Bondsmen often require collateral on top of the fee, especially for larger bonds. A car title, jewelry, or a co-signer are common. If the defendant skips court, the bondsman loses the full bond to the court and comes after the defendant and any co-signers to recover it.
Property Bond
Georgia also lets you post real property. It has to sit in the county where the case is pending and carry enough unencumbered equity to cover the bond. The sheriff’s office handles the paperwork and sets the specific requirements. A property bond avoids both a large cash outlay and the non-refundable bondsman fee, but it takes longer to process.
The Bail Hearing and Asking for a Lower Amount
Georgia requires that an arrested person be brought before a judge within 72 hours. At this first appearance, the judge reviews the arrest, confirms the charges, and either sets bail or revisits the schedule amount. A judge who has already released you on the schedule can still change the amount at this hearing.
If you cannot afford the amount, you can ask the judge to lower it. The bail statute specifically directs courts to consider a defendant’s earnings, financial obligations, and dependents.1Justia Law. Georgia Code 17-6-1 – When Offenses Bailable; Procedure Some low-risk misdemeanor defendants are released on their own recognizance, meaning no money changes hands, just a written promise to appear.
Judges can also attach non-monetary conditions instead of or alongside bail: no alcohol, random testing, an alcohol-monitoring device, or surrender of a passport if flight is a concern.
The 30-Day License Deadline That Runs Alongside Bail
One thing bail does not do is protect your driver’s license. When a Georgia officer arrests you for DUI, the officer can take the license on the spot and issue a 45-day temporary permit.6Justia Law. Georgia Code 40-5-67.1 – Chemical Tests; Implied Consent Notice That triggers an Administrative License Suspension through the Department of Driver Services, which is entirely separate from the criminal case.
You have 30 days from notice of the suspension to request a hearing and pay a $150 filing fee to the Department of Driver Services. Miss that window and you waive the right to challenge the suspension.6Justia Law. Georgia Code 40-5-67.1 – Chemical Tests; Implied Consent Notice The clock runs whether or not you have posted bail and whether or not the criminal case has moved. People who focus entirely on getting out of jail sometimes lose their license by default because the 30 days ran out.
Refusing the officer’s chemical test triggers a one-year suspension under Georgia’s implied consent law. Testing above the legal limit also triggers a suspension, with the length tied to your record. Either way, the 30-day hearing request deadline applies.