DUI Penalties inGA

Fighting DUI Penalties in Marietta and Cobb County

Getting arrested for any misdemeanor or felony crime in the state of Georgia is serious, but a DUI arrest can be particularly problematic. If you’ve been charged with drunk driving, you could be facing jail, fines, a suspended license, reinstatement fees, drug and alcohol abuse classes, and you’ll have a criminal record that could cause a problem for future employment. The key to  beating any DUI charge or minimizing punishment is to be proactive in your defense. Contact a criminal defense lawyer who has experience fighting DUI charges in Cobb County, GA.

Facing DUI penalties in GA? Don't hesitate to reach out to Smith, Schnatmeier, Dettmering & Kilgo, LLP today. 

What are Penalties for DUI in Georgia?

The maximum penalties for DUI are established by Georgia state law and specifically in O.C.G.A. §40-6-391. That means that the criminal court judges in Cobb County and throughout Georgia have an established floor and ceiling for penalties that are set by the state. DUI penalties increase with each subsequent conviction within a ten-year period.  For the purposes of determining the length of a suspension of your driver’s license, the Georgia Department of Drivers Services (DDS) has a 5 year lookback period.

First-Time DUI (No DUI Priors) - Misdemeanor

Up to 12 months in jail but no less than 24 hours in custody.

• $300 minimum up to $1000 in fines (plus applicable surcharges)
• 40 hours of community service
•  Risk Reduction (DUI School)
• Clinical evaluation for drug and alcohol dependency and treatment as recommended.
• License suspension for up to one year (immediately eligible for a limited driving permit in most cases) with early reinstatement after 120 days with proof of completion of Risk Reduction/DUI School.

2nd DUI Arrest (one prior conviction in 10 years) – Misdemeanor

Up to 12 months in jail but no less than 72 hours in custody.

• $600 minimum up to $1000 in fines (plus applicable surcharges)
• 30 days (240 hours) of community service
• Risk Reduction (DUI School)
• Clinical evaluation for drug and alcohol dependency and treatment as recommended.
• License suspension for 18 months.  The first 4 months is a “hard suspension” but eligible for a limited permit after 120 days if you have been evaluated and enrolled in recommended treatment. 12 months with an ignition interlock device is required for the limited permit. 
• License plate surrender and publication of your photo in the newspaper.

3rd DUI Arrest (two prior convictions in 10 years) – Misdemeanor (High and Aggravated)

Up to 12 months in jail but no less than 15 days in custody.

• $1000 minimum up to $5000 in fines (plus applicable surcharges)
• 30 days (240 hours) of community service
• Risk Reduction (DUI School)
• Clinical evaluation for drug and alcohol dependency and treatment as recommended.
• License revocation for five years (if 3rd DUI within 5 years).  No limited permit for at least 2 years.  After 2 years, you may be eligible for a probationary license if you have completed several requirements including an ignition interlock device.
• Declared a habitual violator
• License plate surrender and publication of your photo in the local newspaper.