Administrative law · Drink driving

Drunk driving in Georgia - from the roadside stop to the judge's decision on your licence

In Georgia, driving under the influence is normally an administrative offence rather than a crime: the patrol police draw up a report, and a court decides the penalty, which includes a fine and the loss of the right to drive. It becomes a criminal matter when someone is injured or killed, or in certain repeat situations defined by law. Refusing to be tested does not get you off the hook, because refusal is itself an offence.

This page is for drivers who have already been stopped or summoned to court, for people whose job depends on a licence, for families looking for a lawyer late at night, and above all for foreign residents and visitors who were driving on a foreign or international licence or a rental car. General rules on challenging fines and the typical defects of police reports are covered on a separate page; accidents with injured people belong to criminal defence.

Updated 14.11.2026 · Practice area: Administrative law lawyer

Call: 568 330 318 Lawyers for drink-driving cases

Administrative or criminal

Which situation leads where - administrative case or criminal case

The same night out can end with a single police report or with a criminal charge. What tips the balance is the outcome, your previous record and the substance involved.

SituationWhat follows and who decides

First time, nobody hurtAn administrative report that the patrol police send to court. The penalty is set by law and combines a fine with suspension of the right to drive; the judge has little room to manoeuvre, so the defence focuses on facts and procedure.

You refused the testA separate offence, and not a mild one - it also costs you the licence. Refusing simply moves the argument: the court now asks whether you were properly asked to be tested and whether you actually refused.

Repeat offence, or driving while bannedPenalties rise, and in situations the law spells out the case moves into criminal territory. A lawyer checks the date of the earlier penalty, when it became final and whether it was ever properly served - those dates decide whether the new episode counts as a repeat at all.

Drugs or psychotropic substancesTesting is done in a laboratory on a biological sample, and results can take days. Disputes often turn on how the sample was taken, stored and handed over, and on whether the substance found shows impairment at the moment of driving.

Crash with injury or deathA criminal case in which intoxication is an aggravating factor and raises the risk of custody. You need a defence lawyer holding a criminal or general licence and a separate strategy built around expert reports, reconciliation and compensation.

Novice or professional driverThe permitted limit and the consequences may differ for some categories, and losing the licence hits your job directly. Your lawyer works out which rule applies to you and what it means for your employer.

The procedure

Step by step from the roadside to the decision - and what your lawyer does at each stage

The stop
If officers see signs of intoxication, you will not be allowed to drive on; the car may be handed to another driver or towed to a pound. A lawyer on the phone can tell you what to say and what not to say, who can collect the car, and how to note the exact time and place of the stop.
The test
The first breath test happens on the spot. If you dispute the reading, ask for a medical examination at an authorised facility; suspected drug use is checked in a laboratory. Small details matter later: how long passed between the stop and the test, what the printout said and whether you were given a copy.
The report goes to court
The police attach the test result, video footage and officers' statements to the report and send the file to court. Before the hearing your lawyer asks to see the material and checks what is missing - a lost or incomplete recording often becomes the central issue.
The hearing
A single judge of the district or city court deals with the case quickly, often in one sitting. Your lawyer files requests in advance - to play the video, call a witness, add medical documents or bring in a specialist - and makes sure every argument is recorded so that the appeal court can see it later.
The decision
If a penalty is imposed, your lawyer explains straight away when the ban starts to run and how the licence has to be handed in. If the case is dropped, they check that this is reflected in every system and that you can drive again without restriction.
Appeal
The first-instance decision can be appealed to the court of appeals within a short deadline counted in days. In this type of case the appeal court's ruling is usually final, so everything must go into the appeal at once. Your lawyer fixes the exact last day from the date the decision was served.

In court

What the judge looks at - and where a defence can genuinely make a difference

The burden of proof is on the police. They have to show that you were the person driving, that you were intoxicated at the time and that the test followed the legal procedure. Driving itself is often the first battleground: sitting in a parked car with the engine running, or being found next to the vehicle, does not automatically make you the driver. That has to be shown by video, a witness or other evidence.

Timing is the second issue. If you left the car and drank afterwards, or if the test was carried out long after the stop, the link between the reading and the moment of driving becomes questionable. Health is the third: certain medicines, mouthwashes or medical conditions can affect a breath reading. That argument only works with paperwork - a doctor's note, a prescription, medical records - never with a verbal claim made at the hearing.

A good lawyer is also honest with you. When the video, the printout and the report all match, the chances of having the case thrown out are slim, and the work shifts to the scope of the penalty, the correct start date of the ban and avoiding knock-on consequences. A frank assessment at the first meeting is worth more than a promise that everything will be fine.

Foreign drivers

Driving in Georgia on a foreign or international licence

A Georgian ban applies whichever country issued your licence: the court prohibits you from driving on Georgian territory. Whether it has any effect at home or in a third country depends on that country's rules and on international arrangements, so there is no one-size answer. If you need your licence for work elsewhere, check the position with a lawyer there as well.

Court proceedings are conducted in Georgian, and anyone who does not speak it is entitled to an interpreter. Do not sign a report you could not understand - write in the explanation field that you asked for an interpreter. If you need to leave Georgia before the hearing, a lawyer can take part on your behalf under a power of attorney, but the court may sometimes want you there in person, so sort this out before you buy a ticket.

A rental car adds a civil dispute with the rental company, which will usually look to you for penalties and damage under the contract; many insurance policies also exclude damage caused while intoxicated. An unpaid fine goes to enforcement and can cause trouble on a later visit. Both are better closed while you are still in the country.

Life after the ban

Losing the right to drive - what it means in practice

When the ban runs

The ban is tied to the date the decision becomes final. Driving during it is a separate and serious offence that can turn criminal in situations defined by law - "just driving home" can be the most expensive decision you make.

If you drive for a living

Needing the car for work is not a ground for the court to lift the ban. It can be put forward as personal circumstances where the law leaves the judge a choice, but most of the work is still about facts and procedure. Arrangements with your employer are a separate employment-law question.

Getting your licence back

When the ban ends, the right to drive is not always restored automatically; you may need to apply to the Service Agency of the Ministry of Internal Affairs and meet extra conditions. Check what applies to you before the ban expires so that you are not left waiting.

Common mistakes

Mistakes that make a drink-driving case worse

Refusing the test in the hope that there will be no evidence - the refusal becomes the evidence and carries its own penalty.
Arguing with officers, resisting or walking away - a second report gets added, sometimes a more serious one.
Leaving the explanation field blank when you disagree about who was driving, the timing or how the test was done.
Turning up to court alone because the hearing looks like a formality - it is where every fact the appeal court will later rely on gets fixed.
Ignoring a court summons or moving without updating your contact details - the case can go ahead without you.
Driving during the ban, even a short distance - it opens a new and much heavier case.
Putting off the appeal until after the weekend: the deadline is short and missing it makes the decision final.
Raising a medical explanation without documents to back it up.

Before you meet a lawyer

What to bring to the first consultation

The police report and the breath test printout or laboratory result, if you were given them.
The court summons or message with the hearing date.
A short timeline: where and when you were stopped, what you drank and when, and what happened between the stop and the test.
Names and phone numbers of passengers or anyone who collected the car.
A list of medicines and any medical records relevant to the reading.
Details of any earlier reports or penalties, however minor.
Your passport, licence (national and international, if you have one) and the rental agreement if the car was hired.

Drunk driving in Georgia - frequently asked questions

Is drunk driving a crime in Georgia?

Usually not. A first offence where nobody was hurt is handled as an administrative offence. It becomes criminal when driving causes injury or death, or in repeat and aggravated situations the law defines. A lawyer can tell you which applies once they see the documents in your case.

Can I refuse a breathalyser test?

You can physically say no, but it will not protect you: refusal is a separate offence and also costs you the licence. If you do not trust the device, the better course is to ask for a medical examination and make sure that request is written into the report.

Who takes my licence away - the police or the court?

The police stop you from driving and write the report, but the decision to take away your right to drive is made by a court after a hearing. That hearing is your main opportunity to put your side.

How quickly will the court hear the case?

Administrative offence cases are dealt with fast, often in a single hearing. The summons may come to the phone number or address written in the report, so make sure those details are correct - especially if you are only staying in Georgia temporarily.

I have appealed. Can I drive in the meantime?

That depends on whether the decision has become final and where the appeal stands. Do not guess: before you get behind the wheel, ask your lawyer to confirm your status in writing, because a mistake can be treated as driving while banned.

I am a foreigner. Will I lose my licence at home too?

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Nino Kvaratskhelia

Civil law · Criminal defence

Georgian · Cert. No. 3879

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