20061221

DUI Law: Georgia DUI Penalties

In Georgia, if you are twenty one (21) years old or older you can be convicted of Driving Under the Influence (DUI) if your Blood Alcohol Content (BAC) is .08 or greater. If you are under twenty one (21) you can be convicted of DUI if your BAC is .02 or greater. You may also be convicted of DUI if the State Attorney can show that your normal faculties were impaired by alcohol at the time you were driving (i.e. slurred speech, can’t walk in a straight line, etc.).

First Offense DUI in Georgia
Your first DUI offense in Georgia may be considered a “Simple Misdemeanor” and will result in a prison sentence of between ten (10) days to one (1) year. At the Court’s discretion all but twenty four (24) hours of your jail time may be suspended, stayed or probated.

You will receive a minimum fine of between $300.00 and $1,000.00 not including surcharges, fees and assessments that can add twenty percent (20%) to thirty percent (30%) to your fine. You will also have your driver’s license suspended for one (1) year which may be reinstated after one hundred twenty (120) days. Prior to applying for driver’s license reinstatement you must complete a Risk Reduction Program. You will also receive a minimum of forty (40) hours of community service and probation.

Second Offense DUI in Georgia
Your second DUI offense in Georgia may also be considered a “Simple Misdemeanor” and will result in a prison sentence of between ninety (90) days to one (1) year. At the Court’s discretion all but seventy two (72) consecutive hours of your jail time may be suspended, stayed or probated.

You will receive a minimum fine of between $600.00 and $1,000.00 not including surcharges, fees and assessments that can add twenty percent (20%) to thirty percent (30%) to your fine. You will also have your driver’s license suspended for three (3) years which may not be reinstated for more than one (1) year. Prior to applying for driver’s license reinstatement you must complete all alcohol and drug treatment programs. You will also receive a minimum of thirty (30) days of community service and probation.

Your driver’s license photo will also be published in the newspaper and have an ignition interlock device installed on your vehicle.

Third Offense DUI in Georgia
Your third DUI offense in Georgia may be considered a “High and Aggravated Misdemeanor” and will result in a prison sentence of between one hundred twenty (120) days to one (1) year. At the Court’s discretion all but fifteen (15) days of your jail time may be suspended, stayed or probated.

You will receive a minimum fine of between $1,000.00 and $5,000.00 not including surcharges, fees and assessments that can add twenty percent (20%) to thirty percent (30%) to your fine. You will also have your driver’s license revoked for five (5) years which may not be reinstated for more than two (1) years. You will also be designated a “Habitual Offender.” Prior to applying for driver’s license reinstatement you must complete all alcohol and drug treatment programs. You will also receive a minimum of thirty (30) days of community service and probation.

Your driver’s license photo will also be published in the newspaper and have an ignition interlock device installed on your vehicle.