---
title: SB 296. Uniform Rules of the Road; operation of a school bus while under the influence of alcohol or drugs; establish the offense
collection: bills
id: 2025-2026/sb296
cite_as: SB 296, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb296
md_url: https://georgiacommons.org/bills/2025-2026/sb296.md
text_url: https://georgiacommons.org/bills/2025-2026/sb296/text
source_url: https://www.legis.ga.gov/legislation/70934
date: 2025-02-28
status: introduced
corpus_version: bills-2026-09-12
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/sb295.md
next: https://georgiacommons.org/bills/2025-2026/sb297.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb296.md?full=1
bill_number: SB 296
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-02-27
last_action: Senate Read and Referred
sponsors:
- Jason Anavitarte
- Brian Strickland
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB296/2025
upstream_id: 1987890
summaries_model: claude-sonnet-5
topic_tags:
- DUI laws
- school bus safety
- criminal penalties
- student transportation
---
# SB 296. Uniform Rules of the Road; operation of a school bus while under the influence of alcohol or drugs; establish the offense
## Text
Senate Bill 296
By: Senators Anavitarte of the 31st and Strickland of the 42nd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to
uniform rules of the road, so as to establish the offense of operation of a school bus while
under the influence of alcohol or drugs; to establish the offense of endangering school bus
occupants while under the influence of alcohol or drugs; to provide for penalties; to provide
for conforming changes; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules
of the road, is amended in Code Section 40-6-291, relating to traffic laws applicable to
bicycles, operation upon paved shoulder, and signaling of right hand turns, by revising
subsection (a) as follows:
"(a) The provisions of this chapter that apply to vehicles, but not exclusively to motor
vehicles, shall apply to bicycles, except as provided in this Code section and except that
the penalties prescribed in subsection (b) of Code Section 40-6-390, subsection(c) of Code
Section 40-6-391, and subsection (a) of Code Section 40-6-393 shall not apply to persons
riding bicycles."
SECTION 2.
Said chapter is further amended in Code Section 40-6-391, relating to driving under the
influence of alcohol, drugs, or other intoxicating substances, penalties, publication of notice
of conviction for persons convicted for second time, and endangering a child, by adding new
subsections to read as follows:
"(m) A school bus driver licensed pursuant to Article 7 of Chapter 5 of this title who
violates subsection (a) of this Code section while driving a school bus is guilty of the
offense of operation of a school bus while under the influence of alcohol or drugs and shall
upon conviction thereof be punished by imprisonment for a period of not less than one year
nor more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00,
or both. For the purposes of prosecution and sentencing an offense of this subsection shall
not be merged with an offense of subsection (a) of this Code section.
(n) A person who violates subsection (a) of this Code section while causing an accident
that results in damage to an occupied school bus is guilty of the offense of endangering
school bus occupants while under the influence of alcohol or drugs and shall upon
conviction thereof be punished by imprisonment for a period of not less than one year nor
more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or
both; provided, however, that the first 90 days of any term of imprisonment shall not be
suspended, probated, deferred, or withheld by a sentencing court. For the purposes of
prosecution and sentencing an offense of this subsection shall not be merged with an
offense of subsection (a) of this Code section."
SECTION 3.
Said chapter is further amended by repealing Code Section 40-6-391.3, relating to penalty
for conviction for driving under influence of alcohol or drugs while driving school bus, in
its entirety.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia Senate bill would create two new criminal offenses for school bus drivers who drive under the influence of alcohol or drugs, with prison time and fines, replacing an existing penalty section with new, harsher rules.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Introduced (2025-02-27)
- Last action: Senate Read and Referred (2025-02-28)
- Sponsors: Jason Anavitarte, Brian Strickland
- Official page: https://www.legis.ga.gov/legislation/70934
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb296.md?full=1