Penalties for DUI in Georgia

| Sep 12, 2020 | Firm News

Either obvious impairment or blood alcohol content of 0.08% or higher can result in a arrest for driving under the influence in Georgia. Motorists who drive on the state’s roads also face penalties for refusing a roadside sobriety test.

These are the state sentencing guidelines for DUI convictions, which vary depending on the circumstances of the case.

No previous DUIs

First-time offenders are subject to:

  • 12-month license suspension with $210 fee for reinstatement
  • $300 to $1,000 in fines
  • Up to 12 months in jail
  • Mandatory minimum of 40 hours of community service

One prior DUI

Georgia uses a five-year lookback period for DUI sentencing. A second conviction may result in:

  • 36-month license suspension with $210 fee for reinstatement
  • $600 to $1,000 in fines
  • Mandatory minimum of 48 hours and up to 12 months in jail
  • Mandatory minimum of 30 days of community service
  • Mandatory substance use evaluation and treatment if indicated

Two prior DUIs

A third DUI in five years carries these penalties:

  • Five-year license suspension with $210 fee for reinstatement
  • $1,000 to $5,000 in fines
  • Mandatory minimum of 15 days and up to 12 months in jail
  • Mandatory minimum of 30 days of community service
  • Mandatory substance use evaluation and treatment if indicated
  • Seizure of the person’s vehicle license plate
  • Habitual DUI offender newspaper ad at the offender’s expense

Drivers should also understand the additional alcohol-related laws in Georgia. For example, the state has an open container law that results in an additional fine. Some offenders may qualify for diversion programs such as drug court.

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