What to Know About GA DUI

Photo: Google Images

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: