Consequences of a DUI Conviction in Georgia

First DUI Conviction in Ten Years

• $300 - $1,000 fine
• 40 hours community service
• 12 months probation less any actual days of incarceration
• Minimum of 24 hours in jail if the test is .08 or above
• 1-year license suspension with Georgia-only limited permit for first 120 days with full reinstatement possible thereafter with proof of completion of DUI school and payment of the reinstatement fee. Effective July 1, 2008, a clinical evaluation is required unless the judge waives it. A limited permit is not allowed if a conviction for DUI-drugs is reported to the Department of Driver Services.
• Drivers under age 21 face a six-month license suspension if the alcohol concentration is between .02 and .079 and twelve months if it is .08 or higher.
• There are different rules that apply to a driver with a commercial driver’s license. NOTE: The “lookback” period for license suspension (as opposed to other punishment) is five years, not ten.

Second DUI Conviction in Ten Years

• $600 - $1,000 fine
• 30 days of community service
• 12 months probation less any actual days of incarceration, at least 72 hours of actual incarceration, DUI School followed by "clinical evaluation" for additional alcohol counseling
• $25 publication fee for newspaper ad in the county of driver's residence (technically required only for a second in five years but usually imposed for a second in ten years).
• In the case of a second conviction in five years, the person must surrender the license plates on any vehicles registered in his/her name, and there is a three-year license suspension.
• In practice there is a one-year "hard" suspension followed by 6-months of driving with an ignition interlock permit and full reinstatement at the end of 18 months if the driver has completed DUI school, the clinical evaluation, and any required treatment.

Third DUI Conviction in Ten Years

• $1,000 - $5,000 fine
• 30 days of community service
• 12 months probation less any actual days of incarceration, at least 15 days in jail, DUI school, "clinical evaluation" for additional alcohol counseling
• $25 publication fee for newspaper ad in the county of driver's residence (technically required on a third in five - not ten - but expect it).
• Rule on license plate surrender is the same as for a second offense.
• If the conviction is a third within five years, there is a 5-year license revocation with two-year "hard" suspension followed by three-year probationary license with ignition interlock required during the first six months. Full reinstatement is possible after five years.

Fourth DUI Conviction in Ten Years

On July 1, 2008, Georgia’s new felony DUI law went into effect. A driver convicted of a fourth (or subsequent) offense within ten years is subject to the following:

• Fine of $1000.00 to $5000.00
• Imprisonment from one to five years, with a minimum of ninety days actually behind bars
• A minimum of sixty days of community service, except in those cases where the person has been sentenced to three or more years in prison. The trial court “in its discretion” may suspend the community service requirement.
• The person is also subject to DUI school, clinical assessment, treatment and other requirements just like a third offense within ten years.
• All three of the prior offenses must have been committed on or after July 1, 2008, in order for the new DUI to be treated as a felony.
• Call Allen Trapp, DUI lawyer in Carrollton, to protect your driving rights before it is too late.