Back-to-School Season in Georgia: Legal Mistakes Students and Parents Should Avoid

By Kevin FisherPublished On: July 31, 2026

As students across Georgia head back to school, families are focused on buying supplies, adjusting schedules, and preparing for a successful academic year. While the excitement of a new school year is wonderful, this season also brings an increase in situations that can lead to criminal charges for teenagers, college students, and even parents.

Keep reading to learn more about what families should know as the school year begins.

Underage Drinking and DUIs

Back-to-school parties are common, especially for high school seniors and college students. These gatherings often involve alcohol with underage people and can lead to a DUI.

The main difference between a DUI case for a person under 21 and a person over 21 is the “per se” legal limit. The “per se” legal limit comes into play if there is a test done (usually either breath or blood, though a urine test can also be done) and the individual’s blood alcohol concentration is over a particular amount. Because people under 21 are not legally allowed to drink at all, the Georgia Legislature has set the “per se” legal limit at 0.02 grams for those people.

Because the per se legal limit is so low for drivers under 21, many times those drivers are not actually impaired, and would not necessarily be “less safe” drivers. However, the per se law does not require the State to prove that a person under 21 was less safe if they took a test and tested over 0.02 grams.

Because 17-year-olds are considered to be adults, the criminal penalties are identical for those under 21 as they are for people over 21. Below are the possible outcomes for DUIs in Georgia State and Superior Courts:

Offense	Classification	Sentencing Range


First Offense in 10 Years	Misdemeanor	At least 24 hours but not more than 1 year of jail time; 12 months of probation, less any time spent in jail; A fine of $300 – $1,000, plus surcharges and court costs; 40 hours of community service at a 501(c)(3) non-profit organization; DUI or Drug Use Risk Reduction Program; Clinical Evaluation and Treatment; License Suspension
Second Offense in 10 Years	Misdemeanor	At least 72 hours but not more than 1 year of jail time; 12 months of probation, less any time spent in jail; A fine of $600 – $1,000 plus surcharges and court costs; 240 hours of community service at a 501(c)(3) non-profit organization; DUI or Drug Use Risk Reduction Program; Clinical Evaluation and Treatment; License Suspension
Third Offense in 10 Years	High & Aggravated Misdemeanor	At least 120 days but not more than 1 year of jail time; 12 months of probation, less any time spent in jail; A fine of $1,000 – $5,000 plus surcharges and court costs; 240 hours of community service at a 501(c)(3) non-profit organization; DUI or Drug Use Risk Reduction Program; Clinical Evaluation and Treatment; License Revocation
Fourth or Subsequent Offense in 10 Years	Felony	At least 90 days but not more than 5 years in jail/prison; 5 years of probation, less any time spent in incarceration; A fine of $1,000 – $5,000 plus surcharges; At least 60 days of community service at a 501(c)(3) non-profit organization; DUI or Drug Use Risk Reduction Program; Clinical Evaluation and Treatment; License Revocation

Disrupting Public Schools

O.C.G.A. § 20-2-1181 is the Georgia statute that deals with Disrupting a Public School. The law states that “it shall be unlawful for any person to knowingly, intentionally, or recklessly disrupt or interfere with the operation of any public school, public school bus, or public school bus stop as designated by local boards of education.”

The statute classifies the offense as a “high and aggravated” misdemeanor. That means that a person 17 or older may be sentenced to up to one year of jail time, plus a fine of up to $5,000.

The law treats children differently, however. In a Georgia Juvenile Court, which hears cases involving people who are under the age of 17 at the time of the offense, different penalties apply. This is because, at least in theory, Georgia Juvenile Courts are charged the “rehabilitation” of children rather than with punishment, and must examine every question through the lens of determining what is in the child’s best interests.

For juvenile Disruption of a Public School cases, possible outcomes include:

Counseling (for the child and/or the parent),
Probation (which may be supervised or unsupervised),
A requirement the child complete high school or obtain a GED diploma,
Community service,
Restitution (if applicable), and/or
A fine of up to $1,000.

If the child has a substantial juvenile history (at least four prior adjudications, at least one of which must be a felony offense), the court may also order:

Placement in an institution, camp, or other facility for delinquent children,
Commitment to the Department of Juvenile Justice, or
Up to 30 days in a juvenile detention facility.

Fighting and Assault Charges

Arguments between students sometimes escalate into physical altercations. While schools often handle disciplinary issues internally, serious incidents may also result in criminal charges.

Depending on the circumstances, students could face charges such as:

The severity of the charges often depends on factors such as injuries, use of a weapon, or the age of those involved.

Traffic Offenses Around Schools

Back-to-school traffic creates more opportunities for citations and criminal traffic offenses. Common offenses include:

For teenagers and adults, even a first traffic-related criminal offense can have long-term effects on insurance rates, driving privileges, and future employment.

What Parents Should Do if Their Child is Charged

If your child is arrested or charged with a crime, it is important to act quickly. Avoid encouraging your child to explain the situation to police without first consulting an attorney. Statements made during an investigation can later be used against them in court.

An experienced Georgia criminal defense attorney can evaluate the evidence, protect your child’s constitutional rights, and pursue the best possible outcome. If you or your child has been charged with a crime in Georgia, don’t wait to seek legal help. Give me a call today!