In terms of the criminal charge, the first thing that Georgia looks at is a 10 year period. For a first DUI in a 10 year period, there is a minimum of 24 hours of confinement, 12 months of probation, a fine that ranges from $300 to $1000, license suspension, 40 hours of community service, completion of DUI school, a substance abuse evaluation, and treatment if that evaluation requires it.
For a second DUI in a 10 year period, there is a minimum of 72 hours of confinement, 12 months of probation, a fine that ranges from $600 to $1000, license suspension for a minimum of 18 months and a maximum of three years, 240 hours of community service, completion of DUI school, and a substance abuse evaluation.
A third DUI in a 10 year period jumps up to a high and aggravated misdemeanor, meaning that there is a minimum of at least 15 days in jail, 12 months of probation, a fine that ranges from $1000 to $5000, license suspension for a minimum of two years and a maximum of five years, 240 hours of community service, completion of DUI school, a substance abuse evaluation and treatment.
A fourth or subsequent DUI in Georgia is a felony. The confinement is a minimum of 90 days in jail, probation for a minimum of one year and a maximum of five years, a fine that ranges from $1000 to $5000, license suspension for a minimum of two years and a maximum of five years, 480 hours of community service, completion of DUI School, and a substance abuse evaluation.
Georgia doesn’t have any diversion for DUIs. However, you may be able to do the jail time on weekends or as in-home confinement. Ideally, the DUI would get reduced or dismissed on a first-time offense due to a fourth amendment violation or some other irregularity in the procedure. For example, maybe the officer did not instruct the person correctly on the field sobriety tests or they didn’t grade the field sobriety tests correctly. In Georgia, some jurisdictions have DUI court. I generally only recommend DUI court for people who have a very serious problem that they cannot treat on their own because it’s a very intensive program. It takes a lot of time and it doesn’t ultimately result in the dismissal of a charge. However, it can significantly mitigate the penalties, especially on a second or subsequent DUI, or one that is egregious. Furthermore, for those that do participate in DUI court and actually succeed, you don’t generally see a high recidivism rate.
For more information on Penalties Associated With DUI Conviction, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (678) 726-5400 today.
