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Georgia DUI Penalties

Georgia Driving Under the Influence Laws and Penalties

Georgia DUI laws prohibit operating or being in physical control of a vehicle under the following:

  • Non-commercial drivers over 21 are legally drunk when their BAC level is .08 or more.
  • Drivers of commercial vehicles are legally drunk when their BAC level is .04 or more. 
  • Drivers under 21 years of age are legally drunk when their blood alcohol level is .02 or more. 

Georgia DUI Penalties

After a DUI conviction, the judge will determine the jail and fine within the statutory guidelines. These guidelines establish penalty ranges based upon the number of prior DUI convictions the offender has that occurred within the last ten years.

First-time offenders face a term of imprisonment of 10 days to 12 months with a fine ranging from $300 to $1,000. First-time offenders must perform at least 40 hours of community service and complete a DUI program. Your driver's license will be revoked for a period is 12 months. At the end of 120 days, you may apply for reinstatement.

For a second conviction within five years, the prison term is 90 days to 12 months, and the fine is between $600 and $1,000. You must also perform at least 30 days of community service work, complete a DUI program, and undergo a clinical evaluation. A probationary period of 12 months (less time served) is also required. The driver's license revocation period is three years. At the end of 18 months, the offender may apply for reinstatement.

For a third or subsequent conviction within ten years of your previous conviction, you can expect a prison term of 120 days to 12 months, and a fine between $1,000 and $5,000. You must also perform a minimum of 30 days of community service, complete a DUI program, and undergo a clinical evaluation. A probationary period of 12 months (less time served) is also required. Additionally, your driver's license will be revoked. At the end of five years, you may apply for reinstatement. A clinical consultation is required, and completion of a substance abuse program, if recommended as part of the consultation.

A fourth conviction carries a fine of between $1,000 and $5,000 and between one and 5 years' incarceration (all of which but 90 days may be suspended, stayed, or probated). Sixty days of community service are required as is a clinical consultation and possible enrollment in a substance abuse program.

DUI While Transporting a Child Under 14

A person who commits a DUI while transporting a child under 14 is guilty of the additional offense of endangering a child by driving under the influence. First and second-time violators are subject to up to 12 months in prison, a fine of up to $1,000, or both. Those who commit a third or subsequent offense are subject to one to three years of prison time, payment of a fine of $1,000 to $5,000, or both.

 

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