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SECOND DUI OFFENSE WITHIN FIVE YEARS
(DATE OF ARREST TO DATE OF ARREST)
GEORGIA MANDATORY MINIMUM PUNISHMENT
FOR DUI CONVICTIONS

(ARRESTS PRIOR TO 07/01/01 & FOR ARRESTS AFTER 07/01/01)
All Rights Reserved - ©1997-2001 William C. Head - (404) 250-1113
Website: www.ga-drunkdrivinglawyer.com

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Summary of Georgia's DUI Law

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  ARRESTS PRIOR TO JULY 1, 2001 ARRESTS MADE JULY 1, 2001 OR AFTER COMMENTS OF MR. HEAD ON 2001 CHANGES
JAIL TIME REQUIRED 90 days to 12 months, although the judge can suspend all but 48 hours. 90 days to 12 months, although the judge can suspend all but 72 hours of "actual incarceration." Even though judges can suspend a good portion of the 90-day minimum, some will not; some sentence to more than 90 days on second offenders.
MONETARY FINES Minimum $600.00+ surcharges and assessments; Maximum $1,000.00+ surcharges and assessments; Add-ons can increase total fines 20% to 25%. Minimum $600.00+ surcharges and assessments; Maximum $1,000.00+ surcharges and assessments; Add-ons can increase total fines 20% to 25%. The 2001 legislation did not increase fines for second offenders with a prior offense within 5 years.
LICENSE SUSPENSION All drivers: 3 years, with no work permit for at least 120 days; then, only with 6 months of ignition interlock installed at driver’s expense;Under-21 drivers with BAC .08 or more: no work permit, but may seek early reinstatement of license after 12 months;Under-21 drivers with BAC under .08: no work permit, but may seek early reinstatement of license after 6 months All drivers: 3 years, with no work permit for at least 12 months;Under-21 drivers: no permit or license for 18 full months. Possible license reinstatement for all drivers after 18 months, if driving school and alcohol and drug treatment completed.Age 21 & over drivers may apply for 6-month ignition interlock after 12 months, if a court order authorizes this to be done Persons having a second conviction in 5 years have a "hard" suspension (no limited permits for any reason) for at least 12 months. The 2001 change extends the minimum length of time from 120 days to 12 months for drivers 21 and over, and from either 6 or 12 months to 18 months for all drivers under-21. For drivers 21 & over to qualify for the limited permit (work purposes) after 12 months of "hard suspension," compliance with Risk Reduction school, Department of Human Resources (DHR) Drug and Alcohol course completion, and installation of ignition interlock device are mandated first. In addition, payment of $200.00 (mail) or $210.00 (walk-in) restoration fee is required. Any DUI-related vehicular homicide results in five year revocation with no chance for probationary license.
IGNITION INTERLOCK DEVICE Mandated for eligibility for work permit after 120 days “hard” suspension on 21 & over drivers Mandated for eligibility for work permit after 12 months "hard" suspension on 21 & over drivers. Under-21 drivers are ineligible for limited permits and must wait 18 months for the applicable suspension to expire in order to get early reinstatement.
DRUG AND ALCOHOL TREATMENT Mandated before license can ever be restored; is made a condition of probation. Must meet DHR guidelines. Mandated before license can ever be restored; is made a condition of probation. Must meet DHR guidelines. Course is required in virtually 100% of cases. Outpatient treatment for a minimum of 17 weeks. Best idea is to start private program before case goes to trial or if a plea to guilty is contemplated.
DRIVING SCHOOL (RISK REDUCTION) Mandated before license or privileges to drive again in Georgia can ever be restored. Mandated before license or privileges to drive again in Georgia can ever be restored. Unless driving school (Risk Reduction) is completed and reinstatement fee is paid, license is never restored and privileges to drive in Georgia are never reinstated for non-residents. Risk Reduction School is 20 hours in length.
COMMUNITY SERVICE All drivers 21 & over and those drivers under-21 with BAC .08 or more: 80 hours or more;Under-21 drivers with BAC under 0.08: 40 hours or more. 30 days or more for all drivers. Most judges interpret "days" to mean 8-hour days. Therefore, the 2001 law means 240 minimum hours. Some judges will require 720 minimum hours. Maximum is decided on a case-by-case basis by the judge.
PROBATION Any part of 12 months not served in jail required to be on probation. Any part of 12 months not served in jail required to be on probation. 12 months probation is automatic for all second offenses, minus any jail time served. Probation can be reporting or non-reporting.
PHOTO AND CASE DISPOSITION PUBLISHED Local newspaper gets photo to publish with case disposition. Local newspaper gets photo to publish with case disposition. Violator must pay $25.00 as an additional cost for this photograph to be published. Law did not change from 2001.
LICENSE PLATES CONFISCATED No statute required confiscation before 07/01/01. All license plates on all vehicles owned or co-owned by the offender are confiscated by the court disposing of the case. Only returned after suspension is over. Any co-owner of vehicle or affected family member can apply to the Commissioner of Revenue for "hardship" issuance of a special tag in order to permit operation of ONE vehicle. A hearing within 5 days is required. The special tag is "coded" to let the police know that it is a "DUI vehicle."

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