2025 Georgia Codes – Page 4

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(a) It is unlawful for any person knowingly to violate any prohibition contained in Code Section 3-3-23, relat-
ing to furnishing alcoholic beverages to, and purchasing, attempting to purchase, and possession of alcoholic
beverages by, a person under 21 years of age.
(b)(1) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23
shall, upon the first conviction, be guilty of a misdemeanor, except that any person convicted of violat-
ing paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a
misdemeanor and shall be punished by not more than six months’ imprisonment or a fine of not more than
$300.00, or both and except that any person convicted of violating paragraph (4) of subsection (a) of Code
Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor of a high and aggravated nature.
(2) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23
shall, upon the second or subsequent conviction, be guilty of a misdemeanor of a high and aggravated
nature, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23
shall, upon the second or subsequent conviction, be guilty of a misdemeanor.
(c)(1) As used in this subsection, the term:
(A) “Criminal history record information” shall have the same meaning as set forth in Code Section 35-3-
30.
(B) “Restrict” or “restriction” shall have the same meaning as set forth in Code Section 35-3-37.
(2) Whenever any person who has not been previously convicted of any offense under this Code section or
under any other law of the United States or this or any other state relating to alcoholic beverages pleads
guilty to or is found guilty of a violation of paragraph (2) or (3) of subsection (a) of Code Section 3-3-23,
the court, without entering a judgment of guilt and with the consent of such person, may defer further pro-
ceedings and place such person on probation upon such reasonable terms and conditions as the court may
require. The terms of probation shall preferably be such as require the person to undergo a comprehensive
rehabilitation program (including, if necessary, medical treatment), not to exceed three years, designed
to acquaint such person with the ill effects of alcohol abuse and with knowledge of the gains and benefits
which can be achieved by being a good member of society. Upon violation of a term or condition of proba-
tion, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment of the terms
and conditions of probation, the court shall discharge such person and dismiss the proceedings against him
or her. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall
not be deemed a conviction for purposes of this subsection or for purposes of disqualifications or disabili-
ties imposed by law upon conviction of a crime. Discharge and dismissal under this subsection may occur
only once with respect to any person.
(3)(A) At the time of sentencing, a defendant may seek to limit public access to his or her sentencing infor-
mation, and the court may, in its discretion, order that:
(i) The defendant’s records shall be restricted in accordance with Code Section 35-3-37;
(ii) The criminal file, docket books, criminal minutes, final record, all other records of the court, and the
defendant’s criminal history record information in the custody of the clerk of court, including within any
index, be sealed and unavailable to the public; and
(iii) The defendant’s criminal history record information of arrest, including any fingerprints or photo-
graphs taken in conjunction with such arrest, be restricted by law enforcement agencies, jails, or detention
centers.
(B) When considering the defendant’s request under this paragraph, the court shall weigh the public’s inter-
est in the defendant’s criminal history record information being publicly available and the harm to the
defendant’s privacy and issue written findings of fact thereupon.
(C) The court shall specify the date that such sealing and restrictions will take effect.
(d)(1) Except as provided for in paragraph (2) of this subsection, a law enforcement officer shall arrest by
issuance of a citation, pursuant to Code Section 17-4-23, any person accused of violating paragraph (2), (3),
or (5) of subsection (a) of Code Section 3-3-23. The citation shall enumerate the specific charges against the
person and either the date upon which the person is to appear and answer the charges or a notation that the
person will be later notified of the date upon which the person is to appear and answer the charges. If the
person charged shall fail to appear as required, the judge having jurisdiction of the offense may issue a war-
rant or other order directing the apprehension of such person and commanding that such person be brought
before the court to answer the charges contained within the citation and the charge of his or her failure to
appear as required. Nothing in this paragraph shall be construed to invalidate an otherwise valid arrest by
citation, summons, or accusation of a person who is intoxicated and who has committed an offense under
the laws of this state other than that provided for in Code Section 3-3-23. Nothing in this paragraph shall be
construed to restrict the discretion of the prosecuting attorney to use a uniform traffic citation as the formal
charging document.
(2) If the arresting officer provided for in paragraph (1) of this subsection has probable cause to believe that
a person accused of violating paragraph (2), (3), or (5) of subsection (a) of Code Section 3-3-23 is intoxi-
cated to the extent that he or she poses a danger to himself or herself or to the person or property of another,
the arresting officer may effect a custodial arrest of such person in addition to the issuance of a citation,
summons, or accusation. The citation, summons, or accusation shall enumerate the specific charges against
the person and either the date upon which the person is to appear and answer the charges or a notation that
the person will be later notified of the date upon which the person is to appear and answer the charges. In all
such cases provided for under this subsection, the provisions of Code Section 17-6-1 shall apply. Nothing in
this paragraph shall be construed to invalidate an otherwise valid arrest by citation, summons, or accusation
of a person who is intoxicated and who has committed an offense under the laws of this state other than that
provided for in Code Section 3-3-23.
(e) A law enforcement officer arresting a person by the issuance of a citation under paragraph (1) of subsec-
tion (d) of this Code section may require any such person having a driver’s license or instruction permit to
deposit such license or permit with the arresting officer in order to ensure the appearance of such person
to answer the charges against him or her. The procedures and rules connected with the acceptance of such
license or permit and subsequent disposition of the case shall be the same as provided for the acceptance of a
driver’s license as bail on arrest for traffic offenses pursuant to Code Section 17-6-11.
(f) In addition to any other punishment or sentence, the court may order all persons convicted under subsec-
tion (b) of this Code section or sentenced under subsection (c) of this Code section to complete a DUI Alco-
hol or Drug Use Risk Reduction Program certified by the Department of Driver Services within 120 days of
such conviction or sentence. Failure to complete such program within 120 days shall be contempt of court
and shall be punished by a fine of not more than $300.00 or 20 days’ imprisonment, or both. If the convic-
tion or sentence results from a charge of unlawful possession of alcoholic beverages while operating a motor
vehicle, the court shall report such conviction or sentence to the Department of Driver Services within ten
days after conviction or sentencing.

(a) No person shall allow or require a person in his employment under 18 years of age to dispense, serve, sell,
or take orders for any alcoholic beverages.
(b) This Code section shall not prohibit persons under 18 years of age who are employed in supermarkets,
convenience stores, breweries, or drugstores from selling or handling alcoholic beverages which are sold for
consumption off the premises.