What Is the Georgia Joshua Law?

By: Larry Kohn, Partner in Georgia’s Leading Traffic Law Firm

The Georgia Joshua’s Law is named after Joshua Brown. He was a 17-year-old driver from Cartersville, Georgia. Tragically, he died in a car accident in 2003.

He lost control of his car while driving on a wet highway. Joshua was not trained to handle this type of emergency driving event and could not avoid the crash.

His parents were heartbroken to learn that Joshua’s lack of better “accident avoidance” training led to his death. They wanted stricter and more thorough driver education rules to help stop similar tragedies, and set up a Foundation in their son’s name.

Joshua’s father went to Atlanta to ask the Georgia Legislature to pass stronger driver education laws. These laws would require more “defensive driving” training for new drivers.

So, Joshua’s Law is a Georgia state law enacted in 2007 to improve driver safety among teenagers. The Georgia DDS is like the DMV in other states. They oversee the issuance of a certificate of completion.

This certificate is required. Below, our legal team outline the key parts of the law.

Partner Cory Yager was a law enforcement officer for nearly 10 years before attending law school and becoming a criminal defense attorney near me. His prior police training gives him a unique set of skills in successfully negotiating traffic law cases.

Our Joshua Law GA has enhanced on-the-road driver training in several states’ DMV, DPS, and SOS offices. So, Joshua’s memory is not only lasting but has spread across America.

Key Provisions and Milestones of the Joshua’s Law Course

Driver Education Requirements under Joshua’s Law Drivers Ed Program

• Teens who are 16 need to complete a 30-hour “driver education” course with “behind the wheel” training. These 30 hours must be approved by the Georgia Department of Driver Services (DDS).
• The new graduated licensing system has rules for drivers under 18. It limits how many passengers they can have in their car. It also restricts the hours they can drive at night.
• Young drivers applying for a Class D license must complete 40 hours of supervised driving. This includes 6 hours of night driving. A parent or guardian must confirm that all hours are finished.
• After all the driving training, the final exam requires the applicant to score at least 75 out of 100. This score is needed to move beyond a learner permit status.

The DDS Joshua’s Law was later expanded by the GA Legislature to include new applications of 17 years-old applicants

• In 2021, the Georgia General Assembly changed Joshua’s law. Now, 17-year-olds must follow the same driver education rules as 16-year-olds. They need to do this before getting a Class D license.

The Impact and Significance of Requiring More “Hands ON” Training

• Safety Impact: Since it started, Joshua’s Law has helped reduce teen driver deaths in Georgia by 60%. This has saved about 181 lives each year.
• Nationwide Influence: Joshua’s Law was successful. It inspired other states to create similar laws. This also led to national efforts to improve teen driver safety.
• Enhanced Training: The legislation improves young drivers’ abilities by way of training and experience, reducing accident likelihood.

In summary, Joshua’s Law is important because it focuses on keeping teen drivers safe. It does this through structured education and hands-on training in various driving conditions. This better training helps reduce one of the main causes of death for teenagers.

Despite the structure and safety training required by Joshua’s Law, we regularly represent young drivers who end up in serious legal trouble. Below are the most common charges we see for teens and drivers under 21 in Georgia — and the consequences that can follow.

Charges Young Drivers Most Commonly Face in Georgia

Alcohol-Related Charges for Under-21 Drivers in Georgia

Georgia has zero tolerance when it comes to drivers under 21 and alcohol. Even without a DUI, teens can face serious legal consequences for simply possessing alcohol or being in a vehicle with an open container.

First Offense DUI in Georgia

A driver under 21 can be charged with DUI if their blood alcohol concentration (BAC) is just 0.02% or higher — a level low enough that even one drink can result in an arrest. A first DUI offense is a misdemeanor but carries serious consequences: automatic license suspension for at least six months, probation, fines, alcohol education, and possible jail time. For many parents, this is the first time their child is facing a criminal charge. We focus on minimizing long-term impact by working to get first offense DUI reduced to reckless driving or dismissal when the facts allow.

Open Container Violations and Underage Drivers

The GA Open Container Law (O.C.G.A. § 40-6-253) makes it illegal to have an open container of alcohol in the passenger area of a vehicle. For drivers under 21, this is especially risky — and often charged alongside DUI or MIP. Although it’s a misdemeanor, an open container violation can add points, fines, and a permanent mark on a driving record if not properly handled. We step in early on open container cases to prevent it from turning into a bigger issue — especially when it’s tied to DUI or underage drinking.

Minor in Possession of Alcohol (MIP)

Possession of alcohol by anyone under 21 is a misdemeanor in Georgia (O.C.G.A. § 3-3-23), and that includes sealed containers, backpack storage, or alcohol found during a traffic stop. A Minor in Possession conviction can bring fines, license suspension, probation, and a criminal record. Courts often treat MIP seriously, especially when it’s paired with other offenses. We help families navigate these charges with the goal of keeping the record clean whenever possible.

Serious Driving Offenses Often Charged Against Young Drivers

Mistakes behind the wheel — even without alcohol involved — can carry serious consequences in Georgia. These are the charges we see most often tied to risky behavior, panic, or inexperience on the road.

Reckless Driving and Under-21 License Suspension

Under O.C.G.A. § 40-6-390, reckless driving is defined as operating a vehicle with reckless disregard for the safety of others. That includes speeding, weaving through traffic, or tailgating. Reckless driving GA is a misdemeanor that carries up to 12 months in jail and a $1,000 fine — plus 4 points on a license. For drivers under 21, that’s enough to trigger an automatic suspension. We regularly defend reckless driving charges and push to get the charge reduced to something less serious, whenever the circumstances support it.

Hit and Run Charges in Georgia

Many parents don’t realize how easily a hit and run can lead to felony charges — even when the accident may seem minor at first. But under Georgia law, leaving the scene is taken seriously, especially if there is injury or significant property damage Teen drivers often panic, especially if it’s their first accident, but prosecutors treat these cases harshly. We act quickly in these cases to protect the driver’s record and pursue alternatives to felony prosecution when appropriate.

Driving on a Suspended License

Many young drivers don’t realize their license has already been suspended — usually due to unpaid Super Speeder fines, point accumulation, or missing a court date. Driving on a suspended license in GA is a misdemeanor and carries mandatory jail time. For families, this charge often comes as a surprise after a routine traffic stop. Our goal is to get teens back on the road legally and deal with the suspension before it turns into a bigger legal problem.

How Georgia’s Super Speeder Law Affects Young Drivers

The Super Speeder law (O.C.G.A. § 40-6-189) adds a $200 state fine on top of a regular speeding ticket if a driver is caught doing 75 mph or more on a two-lane road, or 85+ mph anywhere in Georgia. If that fee isn’t paid, the state automatically suspends the driver’s license. It’s not a separate criminal charge, but it causes real consequences — and often happens before a young driver even realizes it’s on the books. We help teens resolve Super Speeder cases before the penalties get worse.

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Joshua’s Law improved road safety in Georgia, influencing other states to update their driver’s license laws. Experienced attorneys in Georgia offer expert assistance for defending traffic crime charges, such as those listed above, whether in juvenile court (for 16-year-olds) or in an adult court such as a municipal court or recorder’s court.