Guide to Georgia’s Minimum Mandatory Sentencing for DUI

Quick Reference Guide

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Quick Reference Guide to Georgia’s Minimum Mandatory Sentencing for DUI

First Offense in a Ten Year Period:

Custody:
24 hours actual custody time2, 12 month maximum
Probation:
12 months (less any amount of jail time ordered)
Fine:
$300.00 minimum, $1,000.00 maximum (statutory surcharges are added to base fine)
Risk Reduction:
Also known as “DUI School”, initial assessment and 20 hour class, cost is $280.00
Community Service:
40 hours at non-profit charitable organization
License Suspension:
1 year suspension but driver may get license reinstated after 120 days; during 120 day suspension, driver may be eligible for a limited “work” driving permit with proof of completion of DUI school.
Alcohol/Drug Treatment:
Required unless specifically waived by the judge in writing; driver must get an alcohol/drug evaluation and follow any treatment as recommended by counselor.

Second Offense in a Ten Year Period:

Custody:
72 hours actual custody time3, 12 month maximum
Probation:
12 months (less any amount of jail time ordered)
Fine:
$600.00 minimum, $1,000.00 maximum (statutory surcharges are added to base fine)
Risk Reduction
Also known as “DUI School”, initial assessment and 20 hour class, cost is $280.00.
Community Service:
30 days minimum (240 hours) at non-profit charitable organization.
License Suspension:
3 year suspension but driver may get license reinstated after 18 months; limited “work” driving permit allowed after 1 year with proof of installation of ignition interlock device; must use ignition interlock device for 6 months prior to applying for early reinstatement. Also must provide proof of completion of DUI school and alcohol/drug treatment.
Alcohol/Drug Treatment:
Required; driver must get an alcohol/drug evaluation and follow any treatment as recommended by counselor.
License Plate:
All tags on vehicles registered in driver’s name must be surrendered unless “hardship” is found as determined by the judge.

Third Offense in a Ten Year Period:

Custody:
15 days minimum (classified as a High & Aggravated Misdemeanor), 12 months maximum
Probation:
12 months (less any amount of jail time ordered)
Fine:
$1,000.00 minimum, $5,000.00 maximum
Risk Reduction:
Also known as “DUI School”, initial assessment and 20 hour class, cost is $280.00.
Community Service:
30 days minimum (240 hours) at non-profit charitable organization.
License Revocation:
5 year revocation but driver may get a probationary license after 2 years with installation of ignition interlock device, proof of completion of DUI school and alcohol/drug treatment.
Alcohol/Drug Treatment:
Required; driver must get an alcohol/drug evaluation and follow any treatment as recommended by counselor.
License Plate:
All tags on vehicles registered in driver’s name must be surrendered unless “hardship” is found as determined by the judge.

Fourth Offense in a Ten Year Period:4

Custody:
1 to 5 years in prison; classified as a Felony.
Probation:
12 months (less any amount of jail time ordered)
Fine:
$1,000.00 minimum, $5,000.00 maximum
Risk Reduction:
Also known as “DUI School”, initial assessment and 20 hour class, cost is $280.00.
Community Service:
60 days minimum (480 hours) at non-profit charitable organization.
License Revocation:
5 year revocation but driver may get a probationary license after 2 years with installation of ignition interlock device.
Alcohol/Drug Treatment:
Required; driver must get an alcohol/drug evaluation and follow any treatment as recommended by counselor.
License Plate:
All tags on vehicles registered in driver’s name must be surrendered unless “hardship” is found as determined by the judge.

 

  1. These are general guidelines for drivers over the age of 21 who have a blood alcohol level of .08 or higher. Different guidelines apply for drivers under the age of 21 and for those with a commercial driver’s license. Sentencing requirements will vary depending upon the facts of each case. Actual sentencing requirements may be found in part in the Official Code of Georgia Annotate (O.C.G.A.) code section 40-6-391.
  2. The code section says 10 days to serve in custody however all but 24 hours of actual incarceration may be suspended by the judge in his or her discretion if the driver’s blood alcohol concentration was 0.08 grams or more. If the driver’s blood alcohol concentration was less than 0.08 grams or more or the driver refused to take the state’s test, there is no minimum amount of jail time that must be served.
  3. The code section says 90 days to serve in custody however all but 72 hours of actual incarceration may be suspended by the judge in his or her discretion.
  4. If any of the prior DUI arrests occurred before 7/1/08 then the DUI is still treated as a misdemeanor and the minimum punishment is the same as for a third DUI in a ten year period.

 

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