Georgia drivers can receive charges of driving under the influence when they display impairment and/or blood alcohol content of 0.08% or higher. Drivers who refuse a breath test when arrested for DUI will receive additional penalties, including a 12-month license suspension.
Before facing a court date for a Georgia DUI, make sure you know the potential penalties for a conviction.
No prior DUI convictions
The “look-back” period for DUI in Georgia is five years. If you have no history of DUI during that period, the court considers you a first-time offender. Penalties may include:
- 12-month license suspension with $210 reinstatement fee
- Fines of $300 to $1,000
- Up to 12 months in jail
- A mandatory minimum of 40 hours of community service
- Mandatory substance abuse evaluation and, if necessary, treatment for substance use disorder at your own cost
One prior DUI
If you have received one DUI in the past five years, your penalties for a second conviction may include:
- 36-month license suspension with $210 reinstatement fee
- Fines of $600 to $1,000
- A mandatory minimum of 48 hours and up to 12 months in jail
- Mandatory substance abuse evaluation and if necessary, treatment for substance use disorder at your own cost
Two or more prior DUIs
If you receive a third or further DUI conviction in a period of five years, you could receive:
- Five-year license suspension with $210 reinstatement fee
- Fines of $1,000 to $5,000
- A mandatory minimum of 15 days and up to 12 months in jail
- Mandatory substance abuse evaluation, and if necessary, treatment for substance use disorder at your own cost
- Seizure of the license plate of your vehicle
- Photo and name printed as a habitual DUI offender in your local newspaper
Within these penalty guidelines, the judge has discretion based on the circumstances of your case. For example, you could receive an additional $250 fine for having an open container behind the wheel.