Penalties
July 15th, 2006First DUI? Click Here.
Second DUI? Click Here.
Third DUI? Click Here.
First DUI
If this is your first DUI, or the only DUI you have had in the last 5 years1 , the following sentencing guidelines and license suspensions apply:
| Jail | You will receive a minimum sentence of 10 days with a maximum sentence of 12 months in jail. If you register over .08%, all but 24 hours of “actual incarceration” may be suspended at the judge’s discretion. If you register below .08% or if you refuse the State’s test, jail time is not required by law.2 |
| License Suspension |
If 21 or over and convicted of DUI:One year suspension of your driver’s license. If under 21 and convicted of DUI:BAC is above .08% = 12 month suspension. If convicted of DUI Drugs or DUI Alcohol & Drugs:Your license will be suspended for six months (no work permit available). Administrative Suspension:If you refuse the State’s test or if you register above .08%, the Department of Driver Services will attempt to suspend your license immediately. You may appeal this suspension within 10 business days of your arrest (known as the 10-day letter). If this suspension is upheld on a refusal case, your license will be suspended for 12 months without a work permit. The only way to get your license back early is to win your criminal case. If you registered greater than .08%, your license will be suspended for 30 days (work permit available). |
| Probation | Twelve months of probation minus any days actually incarcerated. Georgia requires that misdemeanor probationers be supervised by a private probation company. These companies typically charge probationers between $35 and $44 to supervise their probation. |
| Fines | The minimum fine is $300 and the maximum fine is $1,000. Most judges fine first time offenders $700 to $1000. Additional surcharges add approximately 35% to the fine. |
| Community Service |
If over 21:You will receive at least 40 hours of community service. Some courts require that your community service be served in the Sheriff’s Work Detail, or on the Work Alternative Program. These programs require you to perform community service in the county where you received your DUI while dressed in a jail uniform. If under 21 and BAC less than .08%:You will receive at least 20 hours of community service. If BAC is over .08%, you will receive at least 40 hours of community service. |
| Treatment | Completion of a DUI Alcohol or Drug Risk Reduction Program (DUI School) approved by the Department of Driver Services. Although the law does not require it, judges will often require an Alcohol & Drug Evaluation plus any follow-up treatment as required by the evaluator. Another requirement that judges often add is the Victim Impact Panel. This is a one-time presentation where victims of DUI accidents share their experience regarding how DUI affected their lives. |
1From date of arrest to date of arrest.
2Judges have a great deal of discretion in crafting sentences. In determining the appropriate sentence, they usually take into account your blood alcohol level, your number of DUI convictions, your behavior toward the officer, and the positive steps that you have taken since your arrest such as completing DUI School.
Second DUI
If this is your Second DUI within the last five years1, the following sentence guidelines and license suspensions apply:
| Jail | 90 days is the minimum and 12 months is the maximum jail sentence allowed by law. All but 72 hours of “actual incarceration” may be suspended. Judges rarely give you the minimum three-day sentence on a second DUI within five years. Most judges will sentence between 30 days jail and 90 days jail. You are eligible for 2/1 credit in the jail (the sheriff at his/her discretion may release you after serving half of your sentence). Under certain circumstances judges allow sentences to be served on work release (work during the day & return to jail at night) or on house arrest (work during the day & home at night) . 2 |
| License Suspension |
If over 21:Three year license suspension. A work permit is not available for the first 12 months. After twelve months you may apply for a work permit by paying a $25 fee and proving that: 1) you have taken DUI school; 2) you have undergone a clinical alcohol/drug evaluation approved by DDS; 3) you are enrolled in or you completed a DDS approved 17-week treatment program; and 4) you have installed an ignition interlock device on any vehicle you own or operate. After a total of 18 months you may apply for early reinstatement by proving that you completed the 17-week alcohol treatment as described above and that you successfully maintained the ignition interlock device on your vehicle. A $210 reinstatement fee is required. If under 21:License will be suspended for three years. You are not eligible for a work permit. However, you may apply for early reinstatement after 18 months by complying with the terms in the two paragraphs above. Second Administrative Suspension in Five Years:If you were not administratively suspended on your first DUI, please see the “first in five suspension” page for details on your administrative suspension. If you refuse the State’s test or if you register above .08%, the Department of Driver Services will attempt to suspend your license immediately. You may appeal this suspension within 10 business days of your arrest (known as the 10-day letter). If a second administrative suspension is upheld, your license will be suspended for 18 months, and you may obtain a work-permit and reinstate your license as described above. If you win your criminal case while suffering an administrative license suspension, the suspension is deleted from your record and your license is reinstated. |
| Probation | Twelve months of probation minus any days actually incarcerated. Georgia requires that misdemeanor probationers be supervised by a private probation company. These companies typically charge probationers between $35 and $44 to supervise their probation. |
| Fines | The minimum fine is $600 and the maximum fine is $1,000 (surcharges add approximately 35% to the fine). Typically judges will give you the maximum $1,000 fine. |
| Community Service | 30 days/240 hours minimum. |
| Treatment | DDS approved Alcohol and Drug evaluation and treatment required. This requires that you undergo at least 17 weeks of treatment. |
**Upon the conviction for a second or subsequent DUI within five years, your mug shot will be published in your county’s legal newspaper for two weeks along with details of your arrest and conviction. You must also surrender the tag and registration of any vehicle you own or operate.
1From date of arrest to date of arrest.
2Judges have a great deal of discretion in crafting sentences. In determining the appropriate sentence, judges usually take into account your blood alcohol level, your number of DUI convictions in your lifetime, your behavior with the officer, and the positive steps that you have taken since your arrest such as completing DUI school.
Third DUI
If this is your third DUI within five years1 the following sentence guidelines and license suspensions apply:
| Jail | 120 days is the minimum and 12 months is the maximum jail sentence allowed. All but 15 days of “actual incarceration” may be suspended. Judges rarely give you the minimum fifteen-day sentence on a third DUI within five years1. Most judges will sentence between 60 to 180 days in jail. You are not eligible for 2/1 credit in jail; the sheriff at his/her discretion may only reduce your incarceration by four days per month that you are incarcerated (on a 60 day sentence you may be released eight days early at the sheriff’s discretion). In some circumstances judges may allow sentences to be served on work release (work during the day & return to jail at night) or on house arrest (work during the day & home at night). It is imperative that those facing 3/5 DUI’s begin alcohol treatment immediately after arrest. |
| License Suspension
**You will be declared an Habitual Violator- |
If over 21:Five year license revocation. A work permit is not available until after two years. After two years you may apply for a work permit by paying a $210 fee and provided that: 1) you have taken DUI school; 2) you have not been convicted (or pleaded nolo contendere) to a drug or alcohol offense; 3) you submit a sworn affidavit that you do not excessively use alcohol or use illegal drugs; 4) the lack of a work permit would cause an “extreme hardship;” 5) you have undergone a clinical alcohol/drug evaluation approved by DDS; 6) you are enrolled in or you completed a DDS approved 17-week treatment program; and 7) you have installed an ignition interlock device on any vehicle you own or operate. After a total of 30 months you may apply for early reinstatement by proving that you completed the 17-week alcohol treatment as described above and that you successfully maintained the ignition interlock device on your vehicle. A $210 reinstatement fee is required. If under 21:License will be revoked for five years. You are not eligible for a work permit. However, you may apply for early reinstatement after 30 months by complying with the terms in the two paragraphs above. Third Administrative Suspension in Five Years:If you refuse the State’s test or if you register above .08%, the Department of Driver Services will attempt to suspend your license immediately. You may appeal this suspension within 10 business days of your arrest (known as the 10-day letter). If a third administrative suspension is upheld, your license will be suspended for five years. You may apply for a work permit after two years and compliance with the terms and conditions above. If you win your criminal case while suffering an administrative license suspension, the suspension is deleted from your record and your license is reinstated. |
| Probation | Twelve months of probation minus any days actually incarcerated. Georgia requires that DUI probationers be supervised by a private probation company. These companies typically charge probationers between $35 and $44 to supervise their probation. |
| Fines | The minimum fine is $1,000 and the maximum fine is $5,000 (surcharges add approximately 35% to the fine). |
| Community Service | 30 days/240 hours minimum. |
| Treatment | DDS approved Alcohol and Drug evaluation and treatment required. This requires that you undergo at least 17 weeks of treatment. |
**Upon the conviction for a third or subsequent DUI within five years, your book-in photograph will be published in your county’s legal newspaper for two weeks along with details of your arrest and conviction. You must also surrender the tag and registration of any vehicle you own or operate.
1From date of arrest to date of arrest.
2Judges have a great deal of discretion in crafting sentences. In determining the appropriate sentence, judges usually take into account your blood alcohol level, your number of lifetime DUI convictions, your behavior with the officer, and the positive steps that you have taken since your arrest such as completing an in-patient rehabilitation program