If you’ve been charged with a DUI in Gwinnett County, the stakes just got higher. On April 9,
What Is Senate Bill 121?
Senate Bill 121, passed by the Georgia General Assembly and effective as of April 9, 2025, amends Titles 33 (Insurance) and 40 (Motor Vehicles and Traffic) of the Official Code of Georgia Annotated. Sponsored by Senators Harbin, Robertson, Hatchett, Dixon, Burns, and others, the bill targets individuals convicted of DUI with a blood alcohol concentration (BAC) of 0.08 grams or higher, or under the influence of drugs or other intoxicating substances, in violation of OCGA § 40-6-391 or equivalent laws in other states. The law’s primary goal is to increase the minimum motor vehicle liability insurance coverage required for these offenders, ensuring they carry higher financial responsibility to protect the public from potential future incidents.
Key Provisions of SB 121
SB 121 introduces significant changes to insurance requirements for DUI offenders, with escalating mandates based on the number of convictions. Here’s a detailed look at the new rules:
1. Increased Minimum Coverage for First-Time DUI Offenders
If you’re convicted of a first DUI offense with a BAC of 0.08 or higher (or under the influence of drugs or other substances), you’re now required to carry motor vehicle liability insurance with the following minimums:
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- Bodily Injury (One Person): $50,000 per person in any one accident.
- Bodily Injury (All Persons): $100,000 for all persons in any one accident.
- Property Damage: $50,000 for loss, damage, or destruction of property in any one accident.
These amounts are a substantial increase over Georgia’s standard minimum liability requirements, which are typically $25,000 per person, $50,000 per accident for bodily injury, and $25,000 for property damage.
2. Even Higher Coverage for Repeat Offenders
For a second or subsequent DUI conviction under the same criteria, the requirements jump significantly:
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- Bodily Injury (One Person): $100,000 per person in any one accident.
- Bodily Injury (All Persons): $300,000 for all persons in any one accident.
- Property Damage: $100,000 for loss, damage, or destruction of property in any one accident.
These elevated limits reflect the state’s recognition that repeat DUI offenders pose a greater risk to public safety and should bear a higher financial burden to cover potential damages.
3. Duration of Coverage
The law mandates that these increased coverage levels must be maintained uninterrupted for three years from the date of conviction. This means you can’t let your insurance lapse during that period, or you’ll be in violation of the law and unable to legally operate a vehicle in Georgia.
4. Proof of Insurance Requirement
SB 121 also amends OCGA § 40-6-10 to require individuals subject to these increased coverage levels to carry proof of insurance while operating a vehicle. This proof can be in paper or electronic format, such as a display on a mobile device, ensuring law enforcement can verify compliance during traffic stops.
5. Definition of Conviction
The bill defines “conviction” broadly to include a jury’s finding of guilty, a guilty plea, or a plea of nolo contendere. This means even if you avoid a trial by pleading out, you’re still subject to these requirements.
6. Effective Date and Applicability
SB 121 applies to any DUI convictions on or after April 9, 2025. If you were convicted before this date, the new requirements don’t apply to you—but any future convictions will trigger these mandates.
Why This Matters: The Impact on DUI Offenders
SB 121 is a clear signal that Georgia is cracking down on DUI offenders, aiming to deter impaired driving by increasing the financial consequences of a conviction. Here’s how this law affects you if you’re facing a DUI charge in Gwinnett County:
- Higher Insurance Costs: The increased minimum coverage requirements will likely lead to significantly higher insurance premiums. For a first-time offender, moving from the standard $25,000/$50,000/$25,000 limits to $50,000/$100,000/$50,000 can double or triple your rates. For repeat offenders, the jump to $100,000/$300,000/$100,000 could make insurance prohibitively expensive, especially since insurers already view DUI offenders as high-risk.
- Three-Year Burden: The requirement to maintain this coverage for three years without interruption adds a long-term financial strain. If you let your policy lapse, you won’t be able to legally drive, and driving without insurance can lead to additional penalties, including fines, vehicle impoundment, and further license suspension.
- Proof of Insurance Enforcement: Law enforcement officers are now tasked with verifying that DUI offenders carry the required coverage during traffic stops. Failing to provide proof—whether in paper or electronic form—can result in immediate consequences, such as citations or vehicle impoundment.
- Broader Definition of Conviction: The inclusion of nolo contendere pleas in the definition of “conviction” means you can’t avoid these requirements by pleading no contest. This closes a potential loophole and ensures that all DUI offenders face the same insurance mandates.
The Bigger Picture: Public Safety and Accountability
From a public safety perspective, SB 121 makes sense. DUI-related accidents often result in significant bodily injury and property damage, and the standard minimum insurance limits may not cover the full extent of the harm. By requiring higher coverage, the state ensures that victims of DUI-related crashes have a better chance of being compensated for their losses. Additionally, the financial burden may deter individuals from driving under the influence, knowing that a conviction will lead to years of increased insurance costs.
However, this law also places a heavy burden on offenders, particularly those with limited financial resources. For many of my clients in Gwinnett County, a DUI conviction already brings fines, license suspension, mandatory DUI school, and potential jail time. Adding higher insurance costs for three years can push some to the brink, making it harder to get back on their feet after a conviction.
What This Means for Your DUI Case
If you’re facing a DUI charge in Gwinnett County, SB 121 underscores the importance of fighting the charge with every tool available. A conviction now carries not only immediate penalties but also long-term financial consequences that can affect your ability to drive legally and affordably. Here’s what you should consider:
- Fight the Charge: The best way to avoid SB 121’s requirements is to avoid a conviction altogether. As your DUI attorney, I can explore defenses such as challenging the accuracy of the BAC test, questioning the legality of the traffic stop, or negotiating a plea to a lesser charge like reckless driving, which wouldn’t trigger these insurance mandates.
- Understand the Penalties: If a conviction is unavoidable, you need to be prepared for the increased insurance requirements. I can help you navigate the process, ensuring you have the right coverage in place to comply with the law and avoid further legal trouble.
- Plan for the Future: The three-year coverage requirement means you’ll need to budget for higher insurance premiums long after your probation or other penalties end. I can connect you with resources to manage these costs and ensure you stay compliant.
A DUI Attorney’s Perspective
As a Gwinnett County DUI attorney, I’ve seen how a single mistake can spiral into a cascade of consequences. SB 121 adds another layer of complexity to an already challenging situation. My goal is to minimize the impact of a DUI charge on your life, whether that means fighting for a dismissal, negotiating a plea, or helping you navigate the aftermath of a conviction. The increased insurance requirements under SB 121 make it more critical than ever to have an experienced attorney in your corner—one who understands the law and knows how to protect your rights.
Contact George C. Creal, Jr. for Expert DUI Defense
Georgia Senate Bill 121 is a tough new measure aimed at holding DUI offenders accountable, but it also places a significant burden on those convicted. If you’re facing a DUI charge in Gwinnett County, the time to act is now. The consequences of a conviction are steeper than ever, with higher insurance costs, a three-year coverage mandate, and strict proof-of-insurance requirements. Don’t face this alone—contact my office today for a consultation. As your dedicated DUI attorney, I’ll fight to protect your future and help you navigate the challenges of SB 121 and beyond.
George Creal is a seasoned Gwinnett County DUI and criminal defense attorney with a proven track record of defending clients against DUI charges. With offices in Atlanta, he serves clients throughout Georgia, bringing expertise, tenacity, and compassion to every case.
Disclaimer
The information in this blog post is for general informational purposes only and should not be construed as legal advice. Please consult with an attorney to discuss your specific legal situation.