DUI penalties in Georgia do not have to include exorbitant fines, and lengthy jail sentences. Hiring an experienced DUI attorney will help you better understand the defenses to your charge, and exactly which penalties you may or may not be facing.
The penalties for DUI in Georgia can be very harsh. Judges have discretion in how severe these punishments will be. Pleading or being found guilty of a DUI in Georgia usually includes license suspension, jail time, probation, community service, DUI School, and a drug and alcohol evaluation. The DUI conviction will always be on your record. Pleading Nolo to a DUI will not keep it off your record, and the conviction will not “wear off” over time. A DUI may affect your ability to get a job, raise your insurance rates, and make it extremely difficult to get a driver’s license.
The judge will consider many factors when handing down a sentence including the individual’s driving record, any previous DUI convictions, any accidents or injuries resulting from the DUI, or any extreme speeds while driving under the influence.
Listed below are the statutory sentencing guidelines for DUI offenses in Georgia. The listed fine amounts do not include statutorily imposed court costs.
In order to better understand these penalties, and begin your defense contact Yeargan & Associates immediately.
First DUI Offense Within Five Years for People 21 or Older
A fine between $300 (statutory minimum) and $1000 (statutory maximum)
A jail term of ten days (statutory minimum), but no longer than 12 months (statutory maximum); the court in its discretion may suspend all but 24 hours of jail time which will reduce your jail time to 24 hours or time served. If you are given time served, you will not have to return to jail.
40 Hours of community service (statutory minimum)
DUI Alcohol/ Drug Use Risk Reduction Program
License Suspension for 12 months; an Affidavit of First Conviction is allowed ($25 examiner fee). This limited driver’s license will allow you to drive until you complete a Risk Reduction program. You may reinstate your full license after 120 days by:
- Submitting an original certificate of completion of an approved DUI Alcohol/Drug Use Risk Reduction Program; and
- Paying a $210 restoration fee ($200 if restoration is processed by mail)
12 months probation
The address for reinstating your license by mail is:
Georgia Department of Motor Vehicle Safety P.O. Box 80447 Conyers, Georgia 30013Always make copies of everything you mail, send everything by certified mail, always request a return receipt, and be sure to keep your postage receipt.
Second DUI Offense Within Five Years for People 21 or Older
A fine between $600 (statutory minimum) and $1000 (statutory maximum)
A jail term of 90 days (statutory minimum) and 12 months (statutory maximum), however the court in it discretion may suspend all but 72 hours of jail time.
240 Hours of community service (statutory minimum)
DUI Alcohol/Drug Risk Reduction Program
Alcohol and Drug Evaluation and any recommendations for treatment must be followed
License Suspended for 3 years. No Affidavit of First Conviction or limited permit for 12 months, then a 6 month permit may be issued (see Ignition Interlock below for more information)
12 months probation
Surrender license plate or license plates
Your picture and notice of your conviction must be published in the manner of legal notices in the legal organ in the county where you reside. You will be charged $25 to have your picture and conviction published in this newspaper.
Ignition Interlock: Each defendant shall have installed and shall maintain in each motor vehicle registered in his/her name a functioning, certified ignition interlock device throughout the applicable 6 month period. In order to obtain this 6 month ignition interlock permit (after the 12 month hard suspension) the defendant must:
- 1. Submit an original certificate of completion of an approved DUI Alcohol/Drug Use Risk Reduction Program;
- 2. Submit original certification of an approved clinical evaluation;
- 3. Submit official proof of enrollment in, or an original certificate of completion of, an approved substance abuse treatment program, if so required;
- 4. Submit proof of Installation of an Ignition Interlock Device from an approved vendor;
- 5. Pay a $25 permit fee.
18 months after the date the defendant surrendered their license to the court, the license may be reinstated by:
- Providing proof that an ignition interlock device was maintained in a motor vehicle for a period of six months without incident;
- Proof of completion of a substance abuse treatment program (as required by the clinical evaluation). If proof of completion was submitted prior to the issuance of the limited permit, no additional proof will be required for reinstatement;
- Paying a $210 restoration fee ($200 if restoration is processed by mail)
The address for reinstating your license by mail is:
Georgia Department of Motor Vehicle SafetyP.O. Box 80447Conyers, Georgia 30013Always make copies of everything you mail, send everything by certified mail, always request a return receipt, and be sure to keep your postage receipt.
Third DUI Offense Within Five Years for Individuals 21 or Older
A fine between $1000 (statutory minimum) and $5000 (statutory maximum)
A jail term of 120 days (statutory minimum) and 12 months (statutory maximum); 15 days must be served in jail
240 Hours of community service (statutory minimum)
DUI Alcohol/Drug Risk Reduction Program
Alcohol and Drug Evaluation and any recommendations for treatment must be followed
12 months probation
Surrender license plate or license plates
Your picture and notice of your conviction must be published in the manner of legal notices in the legal organ in the county where you reside. You will be charged $25 to have your picture and conviction published in this newspaper.
License revoked for 5 years as a Habitual Violator. 24 months after the revocation an application for a Habitual Violator Probationary License may be made. The fee for the Habitual Violator Probationary License is $210 ($200 if applied for by mail). An Ignition Interlock device must be installed and maintained if the defendant’s Habitual Violator status is based on at least 2 DUI convictions.
60 months after the date the defendant surrendered their license to the court, the license may be reinstated by:
- Undergoing a clinical evaluation, and a substance abuse treatment program if required by the evaluation; and
- a $210 restoration fee ($200 if restoration is processed by mail)
The address for reinstating your license by mail is:
Georgia Department of Motor Vehicle SafetyP.O. Box 80447Conyers, Georgia 30013Always make copies of everything you mail, send everything by certified mail, always request a return receipt, and be sure to keep your postage receipt.
First DUI Offense Within Five Years for Individuals Under 21
A fine between $300 (statutory minimum) and $1000 (statutory maximum)
A jail term of ten days (statutory minimum), but no longer than 12 months (statutory maximum); the court in its discretion may suspend all but 24 hours of jail time which will reduce your jail time to 24 hours or time served. If you are given time served, you will not have to return to jail.
40 Hours of community service (statutory minimum based on BAC or refusal)
DUI Alcohol/ Drug Use Risk Reduction Program
12 months probation
License Suspension for Individuals under 21 years old is very different. If the individual’s blood alcohol concentration is less than .08 grams, no test was given, or the test is suppressed the license suspension will be for 6 months. There is no limited permit for individuals younger than 21 who plead or are found guilty of DUI.
You may reinstate your full license after 6 months by:
- Submitting an original certificate of completion of an approved DUI Alcohol/Drug Use Risk Reduction Program; and
- Paying a $210 restoration fee ($200 if restoration is processed by mail)
If the individual’s blood alcohol concentration is greater than 0.08 grams or the individual refused the test the license suspension will be for 12 months. There is no limited permit for individuals younger than 21 who plead or are found guilty of DUI.
The address for reinstating your license by mail is:
Georgia Department of Motor Vehicle SafetyP.O. Box 80447Conyers, Georgia 30013Always make copies of everything you mail, send everything by certified mail, always request a return receipt, and be sure to keep your postage receipt.
The per se blood alcohol content for an individual under 21 years of age to be charged with a DUI is .02 grams. Since the law takes a special interest in underage drivers the penalties for an underage DUI are more severe than the penalties for a regular DUI. For instance, a person who pleads or is found guilty of a DUI while they are under 21 is not allowed to get an Affidavit of First Conviction or any type of temporary license. Additionally, a person charged with an underage DUI may be facing other license suspending charges including possession of an alcoholic beverage by a person under 21 years of age and misrepresenting identity or using false identification for purposes of purchasing or obtaining any alcoholic beverage.
Endangering A Child During the Commission of Driving Under the Influence
The offense of endangering a child during the commission of driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An individual who is convicted of this violation shall be punished in accordance with the provisions of subsection (d) of O.C.G.A. 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child.
First Offense
A fine between $200 (statutory minimum) and $500 (statutory maximum), or A jail term of one month (statutory minimum) but no longer than 5 months (statutory maximum), or
Both a fine and imprisonment
Second Offense
A fine between $400 (statutory minimum) and $1000 (statutory maximum), or
A jail term of 3 months (statutory minimum) but no longer than 12 months (statutory maximum), or
Both a fine and imprisonment
Second Offense
A fine between $1000 (statutory minimum) and $5,000 (statutory maximum), or A jail term of 1 year (statutory minimum) but no longer than 3 years (statutory maximum), or
Both a fine and imprisonment