SB 296: 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 a crime to drive under the influence, and a separate code section previously set a penalty specifically for school bus drivers who drove impaired. This bill rewrites that approach. It adds two new offenses to Georgia's DUI law (O.C.G.A. § 40-6-391): 'operation of a school bus while under the influence,' which applies to licensed school bus drivers who are impaired while driving a bus, and 'endangering school bus occupants while under the influence,' which applies to any impaired driver whose crash damages an occupied school bus. Both new offenses carry one to five years in prison, a fine of $1,000 to $5,000, or both, and neither can be merged with a standard DUI charge for sentencing purposes. The endangering-occupants offense also requires that the first 90 days of any prison term be served without suspension, probation, deferral, or early release. The bill repeals the old school bus DUI penalty section (O.C.G.A. § 40-6-391.3) and makes a small conforming edit to the bicycle traffic law.

• Creates a new crime for licensed school bus drivers who drive a school bus while impaired, punishable by one to five years in prison and/or a $1,000 to $5,000 fine.
• Creates a separate new crime for any impaired driver who causes a crash that damages an occupied school bus, with the same prison and fine ranges.
• Requires that at least the first 90 days of a prison sentence for the occupant-endangering offense be served fully, without suspension, probation, deferral, or being withheld.
• Bars courts from merging either new offense with a standard DUI charge when prosecuting or sentencing someone.
• Repeals the prior, separate penalty section for school bus DUI (O.C.G.A. § 40-6-391.3) now that the new offenses replace it.
• Makes a small conforming edit to the bicycle traffic law (O.C.G.A. § 40-6-291) to reflect the renumbering of DUI penalty subsections.

School bus drivers licensed under Georgia law, drivers generally who could cause a crash into an occupied school bus, students and staff riding school buses, prosecutors and courts handling DUI cases, and bicyclists affected by the related conforming change to the bicycle traffic law.

Impaired driving involving school buses would carry mandatory prison exposure separate from ordinary DUI charges, and a person who crashes into an occupied bus while impaired would face a guaranteed minimum 90 days behind bars with no early release, changing sentencing outcomes for these specific situations.

• Section 1 makes a conforming edit to the bicycle law (O.C.G.A. § 40-6-291) removing an outdated cross-reference to a DUI penalty subsection.
• Section 2 adds subsection (m) to O.C.G.A. § 40-6-391, creating the offense of operating a school bus while under the influence, with one to five years imprisonment and/or a $1,000 to $5,000 fine.
• Section 2 adds subsection (n) to O.C.G.A. § 40-6-391, creating the offense of endangering school bus occupants while under the influence, with the same penalty range plus a mandatory 90-day unsuspendable minimum sentence.
• Both new subsections specify that these offenses cannot be merged with a standard DUI offense for prosecution or sentencing.
• Section 3 repeals O.C.G.A. § 40-6-391.3 in its entirety, removing the prior standalone school bus DUI penalty provision.
• Section 4 repeals any conflicting laws.

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

• Jason Anavitarte (R, SD-031)Patrocinador principal
• Brian Strickland (R, SD-042)

• DUI laws
• school bus safety
• traffic penalties
• criminal sentencing