SB296: SB296 Uniform Rules of the Road; operation of a school bus while under the influence of alcohol or drugs; establish the offense

Georgia already makes it illegal to drive under the influence (O.C.G.A. § 40-6-391), and current law has a separate penalty section specifically for school bus drivers convicted of DUI while driving a bus. This bill rewrites how that situation is handled. It adds two new offenses directly into the DUI statute: operating a school bus under the influence, and endangering school bus occupants while under the influence if the impaired driving causes an accident that damages an occupied bus. Both are punishable by one to five years in prison, a fine of $1,000 to $5,000, or both, and neither offense can be merged with a regular DUI charge for sentencing purposes. For the occupant-endangering offense, the first 90 days of any prison sentence cannot be suspended, probated, deferred, or withheld. The bill also repeals the old school bus DUI penalty section (O.C.G.A. § 40-6-391.3) since it is replaced, and makes a small conforming edit to the bicycle traffic law section.

• Creates a new crime of operating a school bus under the influence of alcohol or drugs, carrying one to five years in prison and/or a $1,000 to $5,000 fine.
• Creates a second new crime of endangering school bus occupants while under the influence, applying when impaired driving causes an accident damaging an occupied school bus.
• Requires that at least the first 90 days of any prison sentence for the occupant-endangering offense be served without suspension, probation, deferral, or withholding.
• Bars courts from merging either new offense with a standard DUI charge for prosecution or sentencing purposes.
• Repeals the prior school bus DUI penalty statute (O.C.G.A. § 40-6-391.3) since its subject matter is replaced by the new subsections.
• Makes a conforming update to the bicycle traffic rules section (O.C.G.A. § 40-6-291) to reference the renumbered DUI penalty provisions.

School bus drivers licensed under Georgia law, who face new specific criminal charges and penalties if they drive a school bus while impaired; students and other bus passengers, who are the focus of the added protections; and prosecutors and courts handling these cases.

School bus drivers convicted of driving under the influence while operating a bus, especially in cases that cause a crash damaging an occupied bus, would face mandatory minimum prison time that cannot be reduced through probation or deferral for at least 90 days, a stricter outcome than under current law's separate penalty provision.

• Section 1 makes a conforming edit to the bicycle law (O.C.G.A. § 40-6-291) to reflect the new DUI penalty subsections.
• Section 2 adds subsection (m) to O.C.G.A. § 40-6-391 creating the offense of operating a school bus under the influence, punishable by one to five years in prison and/or a $1,000 to $5,000 fine.
• Section 2 also adds subsection (n) creating the offense of endangering school bus occupants while under the influence when an accident damages an occupied bus, with the same penalty range and a mandatory 90-day unsuspendable minimum sentence.
• Both new subsections specify that these offenses cannot be merged with a regular DUI charge for prosecution or sentencing.
• Section 3 repeals O.C.G.A. § 40-6-391.3, the prior standalone penalty for DUI while driving a school bus.
• Section 4 repeals any other conflicting laws.

1. 2025-02-28Senate Read and Referred (Senate)
2. 2025-02-27Senate Hopper (Senate)

• Jason Anavitarte (R, SD-031)Primary sponsor
• Brian Strickland (R, SD-042)

• DUI laws
• school bus safety
• criminal penalties
• student transportation