Elmer H. Young - Georgia DUI Attorney

Free Strategy Session Augusta and Macon: 706-284-4380 Savannah, Statesboro and Effingham: 912-236-4384

Mandatory Punishment for DUI in Georgia

When you are arrested for a DUI in Georgia, you'll have to deal with both your criminal case and your separate license suspension. The Georgia Department of Driver Services (DDS) will handle your license suspension pursuant to the implied consent laws and the Georgia criminal courts will take care of your criminal penalties. In other words, what happens in court won't have any bearing on the status of your driver's license and vice versa. Neither one impacts the other.

First  DUI offense in previous five years

OVER 21 YEARS OLD

Imprisonment: 10 days to 12 month in jail if BAC is 0.08 or more. (Judge has discretion and may suspend all but 24 hours.) Remainder of 12 months of confinement usually served on probation with "special conditions" and probation fees as directed by court and supervision as directed by probation officer.
Fines: Minimum fine not less than $300 not more than $1,000 plus surcharges.
License Suspension: 6 months suspension. "Limited Permit" possible for Georgia drivers if no "refusal." Early reinstatement possible after 120 days, with driving school and reinstatement fee. Learn more at DDS website.
Community Service: Minimum of 40 hours.
Risk Reduction Course (Driving School): All drivers required to complete a course prior to reinstatement of driving privileges. Cost is approximately $250. Contact a Local DUI school for more information.
Note: Judges are not required to give minimum sentences and typically DO NOT if there are ANY prior DUI convictions, even if outside the 5 year period.

UNDER 21 YEARS OLD

Imprisonment: Same as above.
Fines: Same as above.
License Suspension: If BAC is 0.02 gms or more, 12 months suspension with NO "Limited Permit" If BAC is less than 0.02 gms, suspension is 6 months, but still No Limited Permit.
Community Service: Same as above.
Risk Reduction Course: Same as above.
Note: Additional suspensions and even revocations of Class D permits can result from quitting school and other infractions or bad driving habits that add four (4) points or more to the driver's record.

COMMERCIAL DRIVERS

Imprisonment: Same as above.
Fines: Same as above.
License Suspension: If BAC is 0.04 gms or more, 12 months suspension with NO "Limited Permit" If BAC is less than 0.04 gms, suspension is 6 month, but still no limited permit.
(Employment opportunity may be seriously impacted.)
Community Service: Same as above.
Risk Reduction: Same as above.

So stand and fight! Do not plead guilty until advised by "competent DUI counsel" that doing so is truly in your BEST interest!