2025 Georgia Codes – Page 3

(a) Except as otherwise authorized by law:
(1) No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit
any person in such person’s employ to furnish any alcoholic beverage to any person under 21 years of age;
(2) No person under 21 years of age shall purchase, attempt to purchase, or knowingly possess any alcoholic
beverage;
(3) No person under 21 years of age shall misrepresent such person’s age in any manner whatever for the
purpose of obtaining illegally any alcoholic beverage;
(4) No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage
for or on behalf of a person under 21 years of age; or
(5) No person under 21 years of age shall misrepresent his or her identity or use any false identification for
the purpose of purchasing or obtaining any alcoholic beverage.
(b) The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not
apply with respect to the sale, purchase, or possession of alcoholic beverages for consumption:
(1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in
this state; or
(2) At a religious ceremony.
(c) The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not
apply with respect to the possession of alcoholic beverages for consumption by a person under 21 years of
age when the parent or guardian of the person under 21 years of age gives the alcoholic beverage to the per-
son and when possession is in the home of the parent or guardian and such parent or guardian is present.
(d) The prohibition contained in paragraph (1) of subsection (a) of this Code section shall not apply with
respect to sale of alcoholic beverages by a person when such person has been furnished with proper iden-
tification showing that the person to whom the alcoholic beverage is sold is 21 years of age or older. For
purposes of this subsection, the term “proper identification” means any document issued by a governmental
agency containing a description of the person, such person’s photograph, or both, and giving such person’s
date of birth and includes, without being limited to, a passport, military identification card, driver’s license,
or an identification card authorized under Code Sections 40-5-100 through 40-5-104. “Proper identification”
shall not include a birth certificate and shall not include any traffic citation and complaint form.
(e) If such conduct is not otherwise prohibited pursuant to Code Section 3-3-24, nothing contained in this
Code section shall be construed to prohibit any person under 21 years of age from:
(1) Dispensing, serving, selling, or handling alcoholic beverages as a part of employment in any licensed
establishment;
(2) Being employed in any establishment in which alcoholic beverages are distilled or manufactured; or
(3) Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed
establishment.
(f) Testimony by any person under 21 years of age, when given in an administrative or judicial proceeding
against another person for violation of any provision of this Code section, shall not be used in any adminis-
trative or judicial proceedings brought against such testifying person under 21 years of age.
(g) Nothing in this Code section shall be construed to modify, amend, or supersede Chapter 11 of Title 15.
(h) In any case where a reasonable or prudent person could reasonably be in doubt as to whether or not the
person to whom an alcoholic beverage is to be sold or otherwise furnished is actually 21 years of age or
older, it shall be the duty of the person selling or otherwise furnishing such alcoholic beverage to request
to see and to be furnished with proper identification as provided for in subsection (d) of this Code section
in order to verify the age of such person; and the failure to make such request and verification in any case
where the person to whom the alcoholic beverage is sold or otherwise furnished is less than 21 years of age
may be considered by the trier of fact in determining whether the person selling or otherwise furnishing such
alcoholic beverage did so knowingly.
(i) Any retailer or retail consumption dealer, or any person acting on behalf of such retailer or retail con-
sumption dealer, who upon requesting proper identification from a person attempting to purchase alcoholic
beverages from such retailer or retail consumption dealer pursuant to subsection (h) of this Code section is
tendered a driver’s license which indicates that such driver’s license is falsified, is not the driver’s license
of the person presenting it, or that such person is under the age of 21 years, the person to whom said license
is tendered shall be authorized to either write down the name, address, and license number or to seize and
retain such driver’s license and in either event shall immediately thereafter summon a law enforcement
officer who shall be authorized to seize the license either at the scene or at such time as the license can be
located. The procedures and rules connected with the retention of such license by the officer shall be the
same as those provided for the acceptance of a driver’s license as bail on arrest for traffic offenses pursuant
to Code Section 17-6-11.
(j)(1) As used in this subsection, the term:
(A) “Alcohol related overdose” means an acute condition, including, but not limited to, extreme physical
illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the
consumption or use of alcohol or that a layperson would reasonably believe to be resulting from the con-
sumption or use of alcohol for which medical assistance is required.
(B) “Medical assistance” means aid provided to a person believed to be experiencing an alcohol related
overdose by a health care professional licensed, registered, or certified under the laws of this state who,
acting within his or her lawful scope of practice, may provide diagnosis, treatment, or emergency services
relative to such overdose.
(C) “Seeks medical assistance” means accesses or assists in accessing the 9-1-1 system or otherwise con-
tacts or assists in contacting law enforcement or a poison control center or provides care to a person expe-
riencing or believed to be experiencing an alcohol related overdose while awaiting the arrival of medical
assistance to aid such person.
(2) Any person who in good faith seeks medical assistance for someone who is experiencing an alcohol
related overdose shall not be arrested, charged, or prosecuted for a violation of paragraphs (2) through (5)
of subsection (a) of this Code section if the evidence for the arrest, charge, or prosecution of such violation
resulted from seeking such medical assistance. Any person who is experiencing an alcohol related overdose
and, in good faith, seeks medical assistance for himself or herself or is the subject of such a request shall
not be arrested, charged, or prosecuted for a violation of paragraphs (2) through (5) of subsection (a) of this
Code section if the evidence for the arrest, charge, or prosecution of such violation resulted from seeking
such medical assistance. Any such person shall also not be subject to:
(A) Penalties for a violation of a permanent or temporary protective order or restraining order; or
(B) Sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole
based on a violation of paragraphs (2) through (5) of subsection (a) of this Code section.
(3) Nothing in this subsection shall be construed to limit the admissibility of any evidence in connection
with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the pro-
tections of paragraph (2) of this subsection or with regard to other crimes committed by a person who other-
wise qualifies for protection pursuant to paragraph (2) of this subsection. Nothing in this subsection shall be
construed to limit any seizure of evidence or contraband otherwise permitted by law. Nothing herein shall
be construed to limit or abridge the authority of a law enforcement officer to detain or take into custody a
person in the course of an investigation or to effectuate an arrest for any offense except as provided in para-
graph (2) of this subsection.