Georgia Penalties for DUI

If you are arrested and convicted of a DUI in Georgia the penalties are particularly severe and can last your entire life - even for just one conviction. This makes it especially important to make sure every aspect of your Georgia DUI was done legally and all paperwork was filed in a timely manner. An experienced Georgia DUI lawyer can assist in making sure anyone arrested or convicted of a DUI has every right granted to them, including the right to challenge any point and get the case thrown out of court.

An arresting police officer in Georgia can take your driving license from you and confiscate it. While you have the right to immediately apply for a new one we suggest you wait until speaking with a Georgia DUI attorney first. Once you are charged you will either be charged with driving as a "less safe" driver or a "per se" or "unlawful" driver. Less safe driving tends to be a judgment call by the arresting officer rather than a scientifically proven conviction. Per se and unlawful driving mean that your blood alcohol content was over the legal limit - 0.08% if you are a non-commercial person over the age of 21.

SENTENCING REQUIREMENTS FOR DUI (Statute in effect as of July 1, 2008)

1st DUI CONVICTION IN 10 YEARS No 1st offender treatment

• Jail Time - MUST SERVE 24 HOURS 10 day minimum/12 month maximum Fine - $300 Minimum/ $1,000 Maximum, Community Service - not less than 40 hours, Risk Reduction/DUI School, Mandatory Alcohol Evaluation and/or treatment, License suspended for 12 months, limited driving permit allowed. Call Conaway & Strickler, P.C. now to find out how to KEEP YOUR LICENSE!


• Probation- 12 months reporting regardless of paying fine early.

2nd DUI CONVICTION IN 10 YEARS

• Jail Time- MUST SERVE 72 HOURS 90 day minimum/12 month maximum, Fine - $600 Minimum/ $1,000 Maximum, Community service - not less than 240 hours, Risk Reduction/DUI School Mandatory, Alcohol Evaluation and/or treatment, License suspended for 3 years. Call Conaway & Strickler, PC now to find out how to GET YOUR LICENSE BACK SOONER! Probation- 12 months reporting regardless of paying fine early. Picture in Paper- photograph must be published in paper.


• Ignition Interlock Device mandatory on all cars you own or operate for 6 more months after license suspension ends

3rd DUI CONVICTION IN 10 YEARS

• Jail Time- MUST SERVE 15 DAYS 120 day minimum/12 month maximum, Fine - $1000 Minimum/ $5,000 Maximum- Court may suspend fine if you are ordered into a treatment program. Community service - not less than 240 hours, Risk Reduction/DUI School Mandatory, Alcohol evaluation and/or treatment, License suspended for 5 years as Habitual Violator. Probation - 12 months reporting regardless of paying fine early.


• Picture in Paper - photograph must be published in paper.

4th DUI CONVICATION IN 10 YEARS

• A fourth or subsequent DUI conviction within a 10 year period is a felony. However, arrests occurring prior to July 1, 2008, are not counted for felony treatment.
• Jail Time—MUST SERVE 90 DAYS 1 year minimum/5 year maximum, Fine-$1,000 Minimum/$5,000 Maximum. The Court may suspend up to one-half of the fine if you undergo treatment in a substance abuse program. Community service – not less than 60 days, Risk Reduction/DUI School Mandatory, Alcohol evaluation and/or treatment required, License suspended for 5 years as Habitual Violator. Probation – 5 years less any time during which you are actually imprisoned.

If you are under 21 years of age:

Driver's license revoked. 1st violation - 6 months revocation; 2nd violation - 1 year revocation. If you blow more than 0.08, then license can be suspended for 1 year on 1st violation. You may be segregated from the general population and serve weekends for 1st conviction.

Subsequent convictions cannot be segregated or weekends.

Child Endangerment:

If you had a child younger than 14 years of age in the car, then you may also be charged with Child Endangerment in addition to the DUI offense.

License Plate:

If you are a Habitual Violator then you must surrender the license plate of the vehicle you were driving, and if it was not your vehicle, the license plate of any vehicle you own.

The COURT must:

1) Notify the Department of Motor Vehicle Safety within 10 days
2) Give you a receipt, and
3) Forward the tag to the local tag agent.

Contact our offices in Atlanta for a free consultation on your case and begin your road to avoiding excessive and lifelong DUI problems. We can handle any DUI case anywhere in Georgia.