Georgia DUI Penalties
Even a first-time DUI conviction will lead to serious penalties. A DUI arrest can even result in a suspended driver's license even before you ever get a chance to defend yourself in court. The consequences of a DUI are long-lasting, and should be carefully weighed before ever deciding to fight a DUI on your own.
DUI penalties in Georgia will depend on a number of factors, including the driver's age, blood alcohol level, prior record, and if anyone was injured due to an accident. However, all DUIs can bring fines, DUI school, community service, a suspended license, and even jail time. A DUI conviction will also follow you by remaining on your criminal record.
First-Time DUI
A conviction for your first DUI within a 10 year period will result in:
- Jail, for a minimum of 24 hours, with the possibility of up to a year behind bars.
- Approved community service for at least 40 hours.
- Fines up to $1,000.
- Driver's license suspension up to 1 year.
- DUI Alcohol or Drug Use Reduction Program, including all costs.
- Probation, with any related fees.
Under 21 DUI
For drivers under 21, because of Georgia's zero tolerance policy, the blood alcohol concentration (BAC) limit is only 0.02%. If a young driver has a BAC over 0.02%, but under 0.08%, they will have their license suspended, required to complete community service, but will not face mandatory jail time. For a DUI of 0.08% or greater, the penalties are the same as for an over 21 driver. In addition, an underage driver may also face other penalties if they are found in possession of alcohol in the vehicle.
Commercial DUI
Driver's operating a commercial vehicle while busted for a DUI will not only face penalties from the state, they may also lose their job. The legal limit for commercial drivers is lower than for other drivers, and a BAC of only 0.04% is considered a per se violation. If you are convicted of a DUI while driving a commercial vehicle, you will lose your commercial driver's license for at least 1 year. A second DUI can result in a lifetime loss of your CDL. This is in addition to criminal sentencing.
Second DUI and Third DUI
Getting a second or third DUI will only result in harsher penalties. The lookback period in Georgia is 10 years. If you get a subsequent DUI within 10 years of a first DUI, it will be considered a second offense. 2rd DUI penalties include:
- Jail, for a minimum of 72 hours, with the possibility of up to a year behind bars.
- Approved community service for at least 30 days.
- Fines up to $1,000.
- Driver's license suspension up to 3 years.
- DUI Alcohol or Drug Use Reduction Program, including all costs.
- Probation, with any related fees.
- Ignition interlock device (IID) for your car, including all costs.
If you get a subsequent DUI within 10 years of a two prior DUIs, it will be considered a third offense. 3rd DUI penalties include:
- Jail, for a minimum of 15 days, with the possibility of up to a year behind bars.
- Approved community service for at least 30 days.
- Fines up to $5,000.
- Driver's license suspension up to 5 years.
- DUI Alcohol or Drug Use Reduction Program, including all costs.
- Probation, with any related fees.
- Ignition interlock device (IID) for your car, including all costs.
Fourth DUI (Felony DUI)
A fourth DUI in Georgia within a 10 year period will not just lead to extended penalties, a fourth DUI is a felony. A felony conviction will stay on your criminal record, and may prevent you from pursuing some job opportunities in the future. You will be labeled a habitual violator, and have to turn your vehicle over to the state. In addition, penalties include:
- Jail from 1 to 5 years, 90 days of which have to be served.
- Approved community service for at least 60 days.
- Fines up to $5,000.
- Revoked driver's license suspension for 5 years.
- DUI Alcohol or Drug Use Reduction Program, including all costs.
- Probation, with any related fees.
- Ignition interlock device (IID) for your car, including all costs.
Additional DUI Penalties
In addition to the penalties detailed above, there are many instances where the situation surrounding the DUI may lead to additional charges. If arrested for driving under the influence of drugs, and drugs are found in the car, the prosecutor may also charge you with drug possession or trafficking, depending on the amount.
If a child under the age of 14 is in the car when the driver is arrested for a DUI, it could lead to child endangerment charges, and is an additional DUI charge, effectively treated as 2 DUIs at once. There is an additional DUI child endangerment charge for each child under 14 in the car.
If drunk driving leads to serious injury of someone other than the intoxicated driver, they may be charged with serious injury by vehicle. This applies if another driver or passenger is injured, or a pedestrian, and even a passenger in the intoxicated driver's care. This can result in a prison sentence of up to 15 years in prison.
Defending Your DUI Charges
No matter what the DUI charges, you have the right to have a lawyer fight for your rights. You don't have to plead guilty, no matter how the police treated you. You have legal defenses available that can result in having your charges dismissed or reduced. If you or a loved one have been charged with a first DUI or even a felony DUI, we will fight to keep the charges off your record, and keep your license to drive.
At Kuttner & Associates, we are an experienced DUI defense team who exclusively handles DUI and drug-related charges. We are former DUI prosecutors who understand what it takes to beat a DUI. Call Kuttner & Associatestoday, so we can fight for your rights.