A DUI conviction in Georgia stays on your record forever.
For sentencing purposes, however, there is what is called a “look-back” period.
For many states, this look-back period is only five years. The look-back period for Georgia DUI offenses, however, is ten years. This means that if you are arrested and charged for a DUI in Georgia within ten years of your first conviction, you will be charged as a second offender.
So, for example, the punishment for a first DUI conviction in ten years is going to be different than a second DUI conviction in ten years in terms of mandatory required sentencing.
Mandatory Georgia DUI Conviction Penalties
If you have been charged with a DUI in Georgia, there are mandatory penalties for DUI convictions under the Georgia Code, which are set forth below.
First DUI Conviction in Georgia
For a first non-drug-related DUI conviction (for drivers over the age of 21), offenders face the following potential penalties:
- 24 hours mandatory minimum jail time, up to 10 days
- 12 months probation
- Fines of between $300 – $1,000
- A conviction for DUI will result in at least a three-month license suspension with possible allowance for a limited permit
- Mandatory 40 hours of community service
- DUI school
- Substance abuse counseling
Second DUI Conviction in Georgia
For a second DUI conviction in Georgia, offenders face the following potential penalties:
- Between 90 days to 12 months in jail, all of which can be done while on probation except for at least 72 hours which must be served in jail
- Between 12 to 36 months probation, depending on other consecutive traffic charges
- Fines of between $600 – $1,000
- Installing of an ignition interlock device, after a “hard license suspension” of 120 days
- 30 days of community service (240 hours)
- Substance abuse evaluation
- Surrender of license plate
- DUI school
- Photo publication in local newspaper at your own expense
Third DUI Conviction in Georgia
A third DUI is a high and aggravated misdemeanor, and offenders face the following potential penalties:
- 120 days to 12 months in jail, with at least 15 days of actual incarceration
- Between 12 to 36 months probation, depending on other consecutive traffic charges
- Fines of $1,000 – $5,000, plus all court costs and surcharges
- Five years of driver’s license suspension (with an interlock permit available after 24 months)
- 30 days of community service (240 hours)
- DUI school
- Surrender of license plate
- Mandatory evaluation and completion of all treatment recommendations before you can get your ignition interlock permit.
- Declaration of Habitual Violator Status
- Photo publication in local newspaper at your own expense
Fourth DUI Conviction in Georgia
A fourth DUI in Georgia is a felony, and offenders face the following potential penalties:
- Between one to five years in prison (less any time served on probation)
- Five years probation minus time served
- Fines of $2,500 – $5,000
- Five years of driver’s license suspension (with an interlock permit available after 24 months)
- 60 days of community service (480 hours)
- DUI school
- Surrender of license plate
- Photo publication in local newspaper at your own expense
- Mandatory completion of a clinical evaluation
- Completion of a treatment program if recommended by the evaluator (this can’t be waived by a judge)
- Status of being a convicted felon for life
- Any other reasonable penalties associated with a felony conviction
30-day Warning for Anyone Arrested for DUI in the State of Georgia
You only have 30 days from the date of your arrest to have your Georgia DUI lawyer file your license suspension appeal, commonly referred to as an ALS hearing. The 30-day letter is a request for a Georgia ALS hearing. At this hearing, your attorney will present arguments used to protect your right to drive.
If this hearing request is not made, your license may be suspended for up to one year. That is why it is so important to file for the ALS hearing within 30 days of arrest. If you fail to file this appeal, you will lose your right to challenge the suspension of your driver’s license.
Contact DUI Defense Attorney Sneh Patel
Expert legal representation is key in obtaining the best possible outcome in your DUI case. Sneh Patel with The Patel Law Firm is an experienced Savannah DUI lawyer and can help you fight your DUI charge and protect your future.
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