DUI Penalties in Georgia

DUIs are serious offenses in the State of Georgia.

In addition to a permanent conviction on your record, there are minimum penalties established by statute which can be quite severe, even for a first DUI Offense. Further, by statute, persons convicted of DUI in Georgia ARE NOT eligible to be sentenced under Georgia’s First Offender Statute, assuring that any conviction will remain on your record forever. If you are facing a DUI charge, you need an experienced DUI Attorney advising you every step of the way and negotiating with the prosecutor on your behalf. Click here or call us at (229) 244-7171 to schedule your free consultation.

NOTE: The punishment described below applies ONLY to driver’s 21 years of age and older and to drivers who do not possess a Commercial Driver's License (CDL). There are different penalties for driver’s under the age of 21 and for drivers with a CDL. Click here or call us at (229) 244-71717 to schedule your free consultation and discuss potential penalties for drivers under age of 21 and drivers operating a commercial vehicle.

First DUI within 10 years

• Misdemeanor Offense
• $300.00 – $1,000.00 Fine
• 10 days to one year in jail (all but 24hrs may be suspended, stayed or probated)
• 20 – 40 hours Community Service
• Completion of DUI Alcohol or Drug Risk Reduction Program within 120 days
• Clinical eval (and possibly completion of substance abuse program)
• 1 year License Suspension (early reinstatement after 120 days possible)

Second DUI within 10 years

• Misdemeanor Offense
• $600.00 – $1,000.00 Fine
• 90 days to one year in jail (all but 72hrs may be suspended, stayed or probated)
• Minimum 30 days hours Community Service
• Completion of DUI Alcohol or Drug Risk Reduction Program within 120 days
• Clinical eval (and possibly completion of substance abuse program)
• 3 year License Suspension (early reinstatement after 120 days possible unless2nd DUI within 5 years, then reinstatement possible after 18 months)
• Eligible for Ignition Interlock Device after 120 days (2^nd DUI within 5 years)

Third DUI within 10 years

• High and Aggravated Misdemeanor Offense
• $1,000.00 – $5,000.00 Fine
• 120 days to one year in jail (all but 15 days may be suspended, stayed or probated)
• Minimum 30 days Community Service
• Completion of DUI Alcohol or Drug Risk Reduction Program within 120 days
• Clinical eval (and possibly completion of substance abuse program)
• 5 year license suspension (for 3rd or more DUI within 5 years) and habitual defender status

Fourth or subsequent DUI within 10 years

• Felony Offense
• $1,000.00 – $5,000.00 Fine
• 1 -5 years in jail (all but 90 days may be suspended, stayed or probated)
• Minimum 60 days Community Service
• Completion of DUI Alcohol or Drug Risk Reduction Program within 120 days
• Clinical eval (and possibly completion of substance abuse program)
• Indefinite license suspension

Important Note about Sentencing: Although the “lookback period” referenced in the statute is 10 years, it is important to understand that judges will have access to your ENTIRE criminal record. Judges often review the number of DUIs in a person’s LIFETIME when determining the appropriate sentence. Additionally, judges often look for indications of substance abuse, such as prior criminal offenses involving drugs or alcohol abuse, when determining an appropriate sentence. You need a strong attorney to advocate on your behalf to help you obtain the best outcome possible regardless of your criminal history. Click here or call us at (229) 244-7171 to schedule your free consultation.

FINAL NOTE: Recently here in the State Court of Lowndes County, the court is sometimes requiring the use of a “SCRAM” device following multiple DUI convictions. Sometimes the court is requiring this device even for pleas to “lessor charges” if alcohol is involved in current and prior offenses. These SCRAM devices are remote alcohol monitoring systems used to monitor whether a personhas been consuming ANY alcohol in violations of their terms of probation.

Stopped for DUI in Georgia?

Initial Stop in Georgia DUI

Georgia DUI Field Sobriety Test

Georgia DUI Post-Arrest

Georgia DUI ALS Hearing