GEORGIA - NEW MANDATORY MINIMUM PUNISHMENT FOR DUI CONVICTIONS ON ARRESTS MADE 7/1/97 & AFTER
From: The Georgia DUI Defense Trial Practice Manual ©1997 William C. Head- All Rights Reserved

1st DUI Arrest

2nd DUI Arrest

3rd DUI Arrest

1st DUI Arrest

             
§ 40-6-391 OFFENSE (1) sub-§ "a" sub-§ "k" (2) sub-§ "i"
BAC Level >= .08 < .08 >= .08 < .08 >= .08 < .08
Min. Mandatory Jail (3) 24 hours NONE 24 hours NONE 24 hours NONE
Per Se Level .10   .02 .02 .04 .04
License Suspension,
Revocation,
Disqualification
    12 mo. revocation (5) 6 mo. revocation (5)    
Min. Com. Service            
Minimum Fines (6)     $300 $300    
Maximum Fines (6)     $1,000 $1,000    
Other Notes (a) Regardless of whether a ltd permit is sought, no license can be obtained until the Risk Reduction Course has been completed.
(b) No "work" permit available to those under age 21 who are "revoked."
No CDL limited permit available. (12)

 

2nd DUI Arrest

       
§ 40-6-391 OFFENSE (1) All sub-§ "a" convictions All sub-§ "k" convictions All sub-§ "i" convictions
BAC Level      
Min. Mandatory Jail (3) 48 hours 48 hours 48 hours
Per Se Level .10 .02 .04
License Suspension,
Revocation,
Disqualification
3 year suspension; after 120 days, 21 & over drivers can seek reinstatement (4), (5) 12 mo. revocation; no ltd permit (4), (5) Applicable susp or revocation, based on age & BAC; lifetime CDL disqualification (4), (5), (12)
Min. Com. Service 80 hours (9) 80 hours (9) or 40 hrs (9), (14) 80 hours (9), (13)
Minimum Fines (6) $600 $600 $600
Maximum Fines (6) $1,000 $1,000 $1,000
Other Notes (a) Ignition interlock is optional with the judge on 2nd offenders. (10)
(b) Special "revoking" offenses may cause an underage driver to be a repeat offender.
(c) May be eligible for NON-CDL license. (12)

 

 

3rd DUI Arrest

       
§ 40-6-391 OFFENSE (1) All sub-§ "a" convictions All sub-§ "k" convictions All sub-§ "i" convictions
BAC Level      
Min. Mandatory Jail (3) 10 days 10 days 10 days
Per Se Level .10 .02 .04
License Suspension,
Revocation,
Disqualification
Five year revocation; after two years, can seek a probationary license (4) Five year revocation as "HV" (4)
PLUS 12 month "under 21" revocation (11)
Five year revocation as "HV"
PLUS lifetime CDL disqualification (4), (5), (12)
Min. Com. Service 20 days 20 days (9) or 40 hrs (9), (14) 20 days (9), (13)
Minimum Fines (6) $1,000 (7), (8) $1,000 (7), (8) $1,000
Maximum Fines (6) $5,000 (7), (8) $5,000 (7), (8) $5,000 (7), (8)
Other Notes (a) Ignition interlock is mandatory for all offenders on 3rd or subsequent in 5 years. (10)
(b) Vehicle owned by offender will have license plate confiscated and sent to the county tag agent; family can apply for a "special" HV tag; disposition of vehicle is controlled by Revenue Commissioner.

 

 

(1) Offenses within 5 years, counting from date-of-arrest to date-of-arrest.

(2) Juvenile offenders (age 16 and under) convicted of a delinquent offense unde subsection "k" are required to be segregated from the adult prison population, if in jail, or separated from the main YDC population, if at a youth facility. Additionally, all offenders under age 21 are required to be segregated from the general jail population, and can only be housed with other underage DUI offenders.

(3) Under 17-10-3.1 (new), a judge may permit offenders sentenced under sub-§"k" to be served on weekends, or during non-working hours of the defendant. The judge may also allow a partial day to be credited as a full day. This is denied persons sentenced under other subsections of 40-6-391 by virtue of 40-6-391(f).

(4) Mandatory A&D evaluation and (if treatment is indicated) must be completed prior to being eligible for license reinstatement. Possible limited permit available to persons enrolled in treatment after 120 days if required to facilitate completion of A & D treatment. Applies to all second or subsequent offenses in 5 years.

(5) Risk reduction school certificate and the required reinstatement fee ($210 walk-in/$200 mail-in) are required in each case. Furthermore, a revoked driver under 21 at the time of arrest must take all driving, vision and written tests again, and pass each of them to be reinstated.

(6) Plus applicable surcharges, assessments, fees and costs allowed by law.

(7) Under 40-6-391(g)(2), the judge may suspend up to one-half of the fine conditioned upon the offender undergoing alcohol and drug treatment as approved by the court. The new law makes A & D treatment mandatory for repeat offenders. Fines may be paid in installments.

(8) Third or subsequent offenders also must pay a $25 publication fee so that their photo and a summary of their case disposition can be printed in the local newspaper.

(9) All community service for offenders sentenced under sub-§"k" of 40-6-391 is to be completed within 60 days of the sentencing date.

(10) The installation of (and six month "contract" for) a certified ignition interlock device must be in place before a license can be reinstated. Private interlock providers can now be used.

(11) New Code Section 40-5-57.1(b)(1)(B) seems to add an additional punishment for drivers under 21 to the 5-year revocation punishment required by 40-5-58. Because "revoking" violations for drivers under 21 are not identical to HV-level offenses, such interpretation can be argued by the State. However, the new revisions do not say that the license revocations will be consecutive.

(12) A disqualified CDL licensee may be able to surrender the CDL plastic license in order to obtain a regular Class C (or other applicable category) license. If so, the licensee would only be able to have his/her driving privileges restored or get a limited permit if eligible under applicable statutes. Note that a driver with a CDL classification will also suffer the applicable suspension or revocation, based on his/her age and which offense has occurred within 5 years.

(13) An under-21 CDL driver who has a BAC under .08 can argue that he/she is eligible for being sentenced to as little as 40 hours of community service under O.C.G.A. §§ 40-6-392(c)(2)(C) and (c)(3)(C), if convicted under sub-§ (k) not (I).

(14) Any under-21 driver convicted under sub-§ (k) is eligible to have the court consider setting a lower number of community service hours (20 for first offenders; 40 for subsequent offenders), but ONLY if BAC level was < 0.08.