DUI Penalties in Georgia

Understanding the Penalties for a DUI Conviction in Georgia

Being charged with a DUI in Georgia can have serious consequences. It's essential to understand the potential penalties you may face if convicted. The penalties for a DUI can vary depending on the circumstances of the case, such as your blood alcohol concentration (BAC) level, prior convictions, and whether anyone was injured or killed as a result of the DUI. This overview provides a general idea of the consequences you may face if you are convicted of a DUI in Georgia.

Elements of a Georgia DUI

You may be arrested for a DUI if you are in actual physical control of a vehicle:

• With a blood alcohol concentration (BAC) or 0.08% or more
• If you’re operating a commercial vehicle, the limit is reduced to 0.04%
• If you’re younger than 21 years old, the limit is reduced to 0.02%
• While “under the influence” of alcohol, drugs, or controlled substances
• With any amount of marijuana or illegal drugs in your blood or urine

Regardless of your driving impairment, if you have a BAC of 0.08% or more, you can be charged with a per se DUI. Additionally, if your BAC is lower than 0.08% but the arresting officer believes that you are unsafe to be on the road, you may be charged with a DUI.

What are the Penalties for DUI in Georgia?

If you are pulled over for a DUI, the following is a summary of DUI penalties you could face for if you are 21 and older:

First Offense

If you are convicted for a first time DUI offense, you could face the following penalties:

• A minimum of 24 hours in jail, up to 12 months in jail, with the remainder of 12 months on probation
• A fine of not less than $300, but not more than $1000, (plus fees and surcharges)
• A minimum of 40 hours of community service
• The driver must undergo a clinical evaluation for alcohol and/or drug abuse, and the driver must complete any treatment recommended by the evaluator
• The driver must complete a DUI Risk Reduction course
• A 12-month driver's license suspension

Second Offense in 10 Years

If you are convicted of a second DUI offense, you could face the following penalties:

• A minimum of 72 hours in jail, up to 12 months in jail, with the remainder of 12 months on probation
• A fine of not less than $600, but not more than $1000, (plus fees and surcharges)
• A minimum of 240 hours of community service
• The driver must undergo a clinical evaluation for alcohol and/or drug abuse, and the driver must complete any treatment recommended by the evaluator
• The driver must complete a DUI Risk Reduction course
• A three-year driver's license suspension
• At the conclusion of the driver's license suspension, the driver must install an ignition interlock device on all cars owned by the driver
• Publication of photo in the newspaper of driver's county of residence

You must relinquish your driver’s license plates if you are convicted of a second DUI within a five-year time period. You’ll get them back when your license is reinstated.

Third Offense in 10 Years

If you are convicted of a third DUI offense, you could face the following penalties:

• A minimum of 15 days in jail, up to 12 months in jail, with the remainder of 12 months on probation
• A fine of not less than $1000, but not more than $5000, (plus fees and surcharges)
• A minimum of 240 hours of community service
• The driver must undergo a clinical evaluation for alcohol and/or drug abuse, and the driver must complete any treatment recommended by the evaluator
• The driver must complete a DUI Risk Reduction course
• A mandatory five-year driver's license revocation
• Publication of photo in the newspaper of driver's county of residence
• At the conclusion of the driver's license suspension, the driver must install an ignition interlock device on all cars owned by the driver
• Surrender of license plates for any car registered to the driver

Fourth and Subsequent Offenses in 10 Years (Felony DUI)

If you are convicted of a fourth DUI offense, you could face the following penalties:

• A minimum of 90 days, up to five years in jail, with the remainder of five years on probation
• A fine of not less than $1000, but not more than $5000, (plus fees and surcharges)
• No less than 480 hours of community service, (unless the defendant is sentenced to at least three years in prison)
• The driver must undergo a clinical evaluation for alcohol and/or drug abuse, and the driver must complete any treatment recommended by the evaluator
• The driver must complete a DUI Risk Reduction course
• Publication of photo in the newspaper of driver's county of residence
• A mandatory five-year driver's license revocation
• At the conclusion of the driver's license suspension, the driver must install an ignition interlock device on all cars owned by the driver
• Surrender of license plates for any car registered to the driver

DUI Conviction With Passengers Under 21 Years

If you were driving with a minor passenger when you were arrested for a DUI, you may be charged with a separate offense of child endangerment. A conviction of this nature will add up to 12 months of incarceration and up to $1,000 in additional fines.

Contact The Dickerson Firm Today

A DUI arrest is not something you should take lightly, so it is unwise to attempt to handle a situation like this on your own. Our attorneys have helped many other people in similar situations clear their names of DUI charges in Georgia, and we may be able to help you, too.

If you have any further questions, The Dickerson Firm – DUI and Drug Defense Attorneys can help. Call (678) 487-5728 today or fill out our online contact form to get started.