Georgia DUI Penalties

Georgia DUI Penalties

In Georgia, fines, jail time, probation, and community service are all possible DUI penalties. Minimum penalties may be applied for first-time offenses, with increased penalties for each offense thereafter.

Conviction includes a range of inconvenient penalties:

  • The driver’s license may immediately be suspended for a year if the BAC above .08 percent for a first offense, three years for a second offense, or five years for a third offense. There is a fee to reinstate the driver’s license.
  • The driver’s license may also be immediately suspended if field sobriety or chemical tests were refused.
  • An ignition interlock device may be required to be attached to your car. This driver must register .02 percent BAC or less on this breath-testing device in order to start the vehicle.
  • A fine or jail time of anywhere from ten days to one year may be imposed.
  • The driver spends the first night in jail unless his or her BAC was less than .08 percent.
  • On a fourth offense in Georgia, the driver’s vehicle may be confiscated.
  • DUI school may be required.

Many factors may be taken into account with a DUI offense:

  • the driver was under the legal drinking age
  • field sobriety tests or chemical BAC tests were refused
  • the offense happened in concurrence with another moving violation
  • there was an accident in which someone was injured or killed
  • driver has a history of DUI violations
  • driver was operating a commercial vehicle at the time of the DUI
  • the violation occurred while there was a child in the vehicle.
A driver’s license is suspended for at least one year if over age 21. Under age 21 and under .08 BAC, a driver’s license is suspended for a minimum of six months. If determined to be over .08 percent, one year’s suspension the driver’s license is minimum. As stated above, the arresting officer has the option of attempting to prove that the driver was operating the vehicle unsafely with just .05 percent BAC.

If convicted of DUI, twelve months’ probation, less any jail time already served, is the typical punishment. In addition, 40 hours of community service is required. If the driver is under the age of 21, at least 60 hours of community service must be performed.

Penalties for conviction of DUI are determined at the sentencing hearing.

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