Georgia DUI Penalties

Georgia law allows for an individual to be convicted of driving under the influence of drugs or alcohol (DUI) under two sets of circumstances. One way a person can be convicted of DUI in Georgia is if their blood alcohol content (BAC) is .08% or above at the time of arrest. Blood alcohol content is determined through the use of a breathalyzer, urine or blood test. Refusal to take a BAC test carries its own penalties. The second way allows for a person to be convicted of DUI with a BAC of less than .08% if the arresting officer is able to prove that the driver’s ability to operate the vehicle at the time of arrest was impaired by alcohol or drugs (prescription, over the counter or illegal drugs).

Georgia DUI Criminal Penalties

All individuals convicted of DUI in Georgia are required to complete the Risk Reduction Program. Georgia courts will impose fines of $300 to $1,000 for a first DUI conviction, $600 to $1,000 for a second DUI conviction and $1,000 to $5,000 for a third DUI conviction. Additionally, first time offenders are subject to a one (1) year driver’s license suspension. Second time offenders are subject to a three (3) year driver’s license suspension, and third time offenders are subject to a five (5) year driver’s license suspension. Lastly, all DUI offenders may be assigned probation for up to twelve (12) months.

First time Georgia DUI convicts may be imprisoned for ten (10) days to twelve (12) months. Probation or leniency may be applied instead to individuals whose BAC was less than .08% at the time of arrest. First time convicts may also be sentenced to forty (40) hours of community service. Once again, leniency may be applied to those with a BAC of less than .08%.

Second time Georgia DUI offenders may be imprisoned for ninety (90) days to twelve (12) months with an absolute minimum of seventy-two (72) hours of jail time. They will also be subject to thirty (30) days of community service and a clinical evaluation which will determine whether or not completion of a drug or alcohol treatment program is indicated. If the clinical evaluator decides that a drug or alcohol treatment program is necessary, its completion will become a part of the penalty imposed by the court.

Conviction of a third DUI in Georgia may result in one hundred twenty (120) days to twelve (12) months imprisonment with an absolute minimum of fifteen (15) days of jail time. Similar to the penalties of a second DUI offense in Georgia, the third time offender will be assigned a minimum of thirty (30) days community service and be subject to a clinical evaluation to determine if a substance abuse program is warranted. Should the evaluator recommend the DUI convict participate in a substance abuse treatment program, completion of said program will then be included in court ordered penalties.

Having a Georgia DUI conviction on your record is serious. It is important to contact an attorney who specializes in Georgia DUI defense as soon as possible after being arrested and charged with DUI. Doing so will help ensure your rights are protected under the law and increase your chances of acquittal or reduced penalties.