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THIRD OR SUBSEQUENT 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
New! Contains 2001 Legislative Changes!

First Offense | Second Offense | Third Offense

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 10 days. 120 days to 12 months, although the judge can suspend all but 15 days of "actual incarceration." Even though judges can suspend a good portion of the 120-day minimum, some will not; some sentence to more than 120 days on third offenders.
MONETARY FINES Minimum $1,000.00+ surcharges and assessments; Maximum $5,000.00+ surcharges and assessments; Add-ons can increase total fines 20% to 25%. Minimum $1,000.00+ surcharges and assessments; Maximum $5,000.00+ surcharges and assessments; Add-ons can increase total fines 20% to 25%. The 2001 legislation did not increase fines for third offenders with two or more prior offenses within 5 years. After the 2001 changes, 15 days in jail may be difficult to obtain
LICENSE REVOCATION All drivers: 5 years, with no work permit for at least 2 years;If "hardship" is proven, the offender may seek early reinstatement of license after 2 years; however, permit is very limited and can be lost if a variety of infractions occur. All drivers: 5 years, with no work permit for at least 2 years;Under-21 drivers: no permit or license for a minimum of 30 full months. Possible license reinstatement for 21 & over drivers after 24 months, if driving school and alcohol and drug treatment completed, liability insurance is proven, and ignition interlock for 6 months is installed.Also, SR-22 insurance must be in place (i.e., proof of financial responsibility in case of an "at fault" accident). 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 after 12 months of "hard suspension"(work purposes), compliance with Risk Reduction school, Department of Human Resources (DHR) Drug and Alcohol course completion, proof of liability insurance, 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 Mandatory installation of interlock for 6 months after 2 years, if probationary license is sought. Applies to all drivers. Mandated for eligibility for work permit after 2 years revocation on 21 & over drivers; followed by 6 months on interlock. Under 21 cannot get interlock. Under-21 drivers are ineligible for limited permits and must wait 30 months for the applicable suspension to expire in order to get an "HV" probationary license.
DRUG AND ALCOHOL TREATMENT Mandated before license can ever be restored; is made a condition of probation. Must meet Department of Human Resources (DHR) guidelines. Mandated before license can ever be restored; is made a condition of probation. Must meet Department of Human Resources (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.
COMMUNITY SERVICE All drivers 21 & over and those drivers under-21 with BAC .08 or more: 20 days 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 third 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 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.
VEHICLE FORFEITED (CERTAIN OFFENDERS)  For persons previously declared "Habitual Violator" for having been convicted for 3 or more DUI offenses, a new DUI arrest (4th or more) results in the vehicle being declared "contraband" and forfeited to state.  For persons previously declared "Habitual Violator" for having been convicted for 3 or more DUI offenses, a new DUI arrest (4th or more) results in the vehicle being declared "contraband" and forfeited to state. Law remains the same in 2001 legislation. The forfeiture is a civil proceeding brought by the District Attorney.

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