georgia drunk driving penalties

drunk driving offenses

Under Georgia laws, the penalties for a conviction of driving while under the influence (drunk driving or DUI) are mandated by law and increase with the number of convictions over a period of time. A penalty is ordered by a court. A conviction means that you were found guilty of the charges or you pleaded guilty to the charges.

typeS of penalties available for a dui conviction

For a first, second, third, fourth or subsequent drunk driving conviction, Georgia laws provide that the penalties for a drunk driving conviction may include:

• Probation: probation restricts your liberties, mandates reporting to a probation officer, allows probation officers to "check up" on you without notice including entering your home, prohibits you from attending certain functions, places of business, private residences and other places at the probation officer's discretion, and allows probation officers to mandate other requirements.
• Alcohol & drug evaluation and treatment: a court may order a defendant to undergo evaluations for alcohol and drug abuse; if it is determined that the defendant abuses alcohol, drugs or both, a court may order the defendant to undergo a treatment program.
• Jail time, with mandated minimum and maximum sentences.
• Mandatory License Suspension.
• Fines, with mandatory minimum & maximum amounts.
• Mandatory DUI School.
• Mandatory community service, with mandated minimum service periods.

First Offense Drunk Driving Conviction

Under the laws of the State of Georgia, a first offense is a misdemeanor; a person who is convicted of a 1st offense DUI (or pleads guilty to the charge, or pleads no-contest and is found guilty by the court or jury) is subject to the following penalties:

1. Mandatory suspension of driver's license: one year. A limited permit is possible upon completion of the Risk Reduction Course or by order of the court.
2. Mandatory alcohol and drug assessment evaluation, and if applicable, mandatory treatment program or programs, as applicable.
3. Probation: one year.
4. Fines: $300.00 to $1,000.00
5. Jail time: no less than 24 hours, and no more than one year, unless the number of DUI convictions in a lifetime provides otherwise.
6. Community service: 40 hours.
7. DUI School: mandatory.
8. Other penalties may be included in a convicted person's sentence for a Commercial Driver's License holder or an underage person.

second offense drunk driving conviction

Under the laws of the State of Georgia, a second offense is a misdemeanor; a person who is convicted of a 2nd offense DUI (or pleads guilty to the charge, or pleads no-contest and is found guilty by the court or jury) is subject to the following penalties:

1. Mandatory suspension of driver's license: three years. Driver's license reinstatement may be sought after 12 months by installing a interlock device.
2. Mandatory alcohol and drug assessment evaluation, and if applicable, mandatory treatment program or programs, as applicable.
3. Probation: one year.
4. Fines: $600.00 to $1,000.00
5. Jail time: no less than 72 hours, and no more than one year, unless the number of DUI convictions in a lifetime provide otherwise.
6. Community service: 30 days.
7. DUI School: mandatory.
8. License plate and tag must be surrendered.
9. Convicted person's photo must be published in the local paper.
10. Other penalties may be included in a convicted person's sentence for a Commercial Driver's License holder or an underage person.

Third offense drunk driving conviction

Under the laws of the State of Georgia, a third offense is a misdemeanor; a person who is convicted of a 3rd offense DUI (or pleads guilty to the charge, or pleads no-contest and is found guilty by the court or jury) is subject to the following penalties:

1. Mandatory revocation of driver's license: 10 years. Probationary driver's license may be issued after 24 months for 10 years; interlock device must be installed after 24 months.
2. Mandatory alcohol and drug assessment evaluation, and if applicable, mandatory treatment program or programs, as applicable.
3. Probation: one year.
4. Fines: $1,000.00 to $5,000.00
5. Jail time: no less than 15 days, and no more than one year, unless the number of DUI convictions in a lifetime provide otherwise.
6. Community service: 30 days.
7. DUI School: mandatory.
8. License plate and tag must be surrendered.
9. Convicted person's photo must be published in the local paper.
10. Habitual violators status is mandatory.
11. Other penalties may be included in a convicted person's sentence for a Commercial Driver's License holder or an underage person.

fourth offense drunk driving conviction
Also applies to fifth or subsequent convictions

Under the laws of the State of Georgia, a fourth offense is a felony; a person who is convicted of a 4th offense DUI (or pleads guilty to the charge, or pleads no-contest and is found guilty by the court or jury) is subject to the following penalties:

1. Mandatory revocation of driver's license: 10 years. Probationary driver's license may be issued after 24 months for 10 years; interlock device must be installed after 24 months.
2. Mandatory alcohol and drug assessment evaluation, and if applicable, mandatory treatment program or programs, as applicable.
3. Probation: 5 years, less time served.
4. Fines: $1,000.00 to $5,000.00
5. Jail time: no less than 90 days, and no more than five years, unless the number of DUI convictions in a lifetime provide otherwise.
6. Community service: no less than 60 days, unless the convicted person is already serving a jail sentence of at least three years..
7. DUI School: mandatory.
8. License plate and tag must be surrendered.
9. Convicted person's photo must be published in the local paper.
10. Habitual violators status is mandatory.
11. Other penalties may be included in a convicted person's sentence for a Commercial Driver's License holder or an underage person.

An arrest is not a conviction

When a person is arrested for driving while under the influence, a police officer - not a judge - is stating that he or she believed that a stop occurred because there was probable cause to make the stop, and subsequently that the arrest occurred because the officer believed that there was probable cause to make the arrest. A police officer is not a judge; police officers make allegations several times every day, but they do not convict people, and they often incorrect accuse people of crimes they didn't commit.

If you have been arrested for a drunk driving related offense, before you enter a plea, please contact Hawkins DUI Law right away.

Free initial consultation

For a free initial consultation, please call:
Phone: (770) 685-6400
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