What to Know About GA DUI

Penalties for DUI in Georgia are related to the number of prior offenses:

When someone has a first DUI in Georgia they face the following potential penalties:

• 12 months of probation
• A minimum fine of $300 plus court costs and surcharges
• Between 1 – 10 days in jail, which many times can be waived
• At least 40 hours of community service
• Substance abuse counseling
• Attendance of the DUI Risk Reduction School (commonly referred to as DUI School)
• Attendance of a Madd Mothers Victim Impact Panel
• Drivers License Suspension, with a limited permit to drive

When someone has a second DUI in Georgia, they face the following potential penalties:

• Between 12 – 36 months of probation
• Fines of between $600 – $1000, plus all applicable surcharges and court costs
• Between 90 days – 12 months in jail, all of which can be done through probation except for at least 3 days that must be served in jail.
• 30 days of community service (240 hours)
• DUI School
• Driver’s License Suspension
• Red stripe on license
• Installing of an ignition interlock device, after a “hard license suspension” of 120 days
• Surrender of license plate
• Mandatory substance abuse counseling
• Potential DUI Court, in jurim
• Photo publication in the legal organ of the county in which the offense occured

When someone has a third DUI in Georgia, they face the following potential penalties:

• Between 12 -36 months of probation
• Fines of $1000 – $5000, plus all court costs and surcharges
• 120 days to 12 months in jail, with at least 15 days of actual incareceration (note a third DUI is a high and aggravated misdemeanor)
• 30 days of community service (240 hours)
• DUI School
• Five (5) years of driver’s license suspension (with an interlock permit available after two years)
• Surrender of license plate
• Photo publication in the legal organ of the accused’s home county
• Mandatory drug and alcohol treatment
• Declaration of Habitual Violator Status
• Potential DUI Court, in jurisdictions that have the program

When someone has prior DUI Convictions in Georgia, they face the following potential penalties:

• Punishment for drivers who have had prior DUI convictions depends on both the number of prior offenses and the severity of the current offense
• Georgia has a 10-year “look back” period when determining required enhancements in a person’s punishment
• Georgia has a 5-year “look back period when determining the driver’s license consequences of a person’s DUI offense
• Georgia’s “look back” period has never prevented a judge or prosecutor from deciding whether to hold a prior offense against someone accused of DUI. The “look back” period only refers to mandatory penalties and punishments.  In practice, most courts punish people based on their entire criminal record, not just the number of offenses in the past five or ten years

When someone is charged with DUI Drugs in Georgia, they face the following potential penalties:

• The penalties for DUI Drugs in Georgia are essentially the same as alcohol-related DUI cases
• The main difference is that those convicted of DUI Drugs do not qualify for a restricted license or limited permit

When someone is charged with Prescription Drug DUI in Georgia, they face the following potential penalties:

• The penalties for Prescription Drug DUI in Georgia are the same as with any other DUI in Georgia
• The difference is that people convicted of DUI while impaired by any drug may not qualify for a limited permit or restricted license.
• The other main difference is that there is often more sympathy for this from of driving under the influence, and as a result, some prosecutors are more flexible in their evaluation of the case

Georgia State law also requires clinical evaluation and the attendance of a DUI / Risk Reduction Program that’s certified/licensed by the Georgia Department of Driver’s Services before your driver’s license can be reinstated if you have been charged with any of the following:

1. DUI
2. Drug Possession
3. Other drug offenses
4. Under-age possession of drugs or alcohol

For more information about DUI School visit www.a1drivingschools.com or call (770) 962-9555!