Legal Consequences of DUI Conviction | OCGA 40-6-391

Driving Under the Influence (DUI) in Georgia | Criminal Defense

A charge for driving under the influence (DUI) is a serious charge that can have a long-lasting impact on your future.  If you have been charged with a DUI in the State of Georgia, the consequences can be severe.  Not only can you face jail time, but you also face significant fines and limits to your driving privileges, which could impact your ability to make a living and/or provide for your family.

Many people believe that a DUI is a simple case, but they are wrong.  There are many situations in which a DUI charge may be challenged.  At Jarrett & Price,  our Savannah, GA DUI attorneys will hold the State to its burden and will make sure the appropriate challenges are made.

The legal consequences of a conviction for DUI in Georgia are outlined below.  Contact Jarrett & Price, LLC today at 912.401.8880 or by completing the contact form below to find out how we can help you with your DUI charge!


Georgia law prohibits a person from driving or physical control of a vehicle if the person is intoxicated to the extent that it renders the person a less safe driver.  A person is presumed under Georgia law to be a less safe driver if the person has a blood alcohol concentration of .08 grams or more.  However, a conviction for DUI can occur even if the police do not have any chemical evidence showing the person to be intoxicated.  A conviction can occur with only circumstantial evidence.  If you are charged with a DUI, you should contact a DUI attorney immediately, or as soon as possible.

First Conviction:  A first conviction of DUI is punishable as a misdemeanor by the following:

  • A fine of not less than $300.00 nor more than $1,000.00.
  • Imprisonment of not fewer than 10 days nor more than 12 months.  The term of imprisonment may be suspended, stayed, or probated at the sole discretion of the judge.  However, if the defendant’s blood alcohol level was 0.08 grams or more, the judge can suspend, stay, or probate all but 24 hours of any term of imprisonment.
  • At least 40 hours of community service;
  • Completion of DUI Alcohol or Drug Use Risk Reduction Program.
  • Clinical evaluation, and if recommended by the evaluation, completion of a substance abuse treatment program.
  • Probation of 12 months or less.
  • 1 year license suspension with a possible temporary permit for the first 120 days.  A full reinstatement may be possible if you complete the DUI course and pay the requisite fees.

Second Conviction within 5 Years:  A second conviction of DUI is punishable as a misdemeanor by the following:

  • A fine of not less than $600.00 nor more than $1,000.00.
  • Imprisonment of not less than 90 days nor more than 12 months.  The judge may probate some portion of the term of imprisonment.  However, the offender must serve a minimum of 72 hours.
  • Not less than 30 days of community service.
  • Completion of DUI Alcohol or Drug Risk Reduction Program.
  • Undergo a clinical evaluation and if recommended by the evaluation, completion of a substance abuse treatment program.
  • Probation of 12 months less any days that the defendant was actually incarcerated.
  • The judge may order the offender install an inanition interlock device in his motor vehicle.  If it is the offender’s second DUI conviction within five years, the offender is required to install the ignition interlock device in order to get early reinstatement.
  • Three year license suspension.

Third Conviction within 5 Years:  A third conviction of DUI within a ten year period is punishable as a high and aggravated misdemeanor by the following:

  • A fine of not less than $1,000.00 nor more than $5,000.00.
  • Mandatory imprisonment of not fewer than 120 days nor more than 12 months.  The judge shall probate some portion of the imprisonment.  However the offender must serve at least 15 days of actual incarceration.
  • Not less than 30 days of community service.
  • Completion of DUI Alcohol or Drug Risk Reduction Program.
  • A clinical evaluation, and if recommended by the evaluation, completion of a substance abuse program.
  • 12 months of probation less any days actually served in incarceration.
  • Mandatory ignition interlock device installed if the offender is afforded the opportunity to operate a vehicle.
  • Surrender of license plates of any vehicles owned by the offender.

FOURTH CONVICTION – FELONY DUI | OCGA 40-6-391(C)(4)

For a fourth conviction of DUI within a 5 year period, the offense is punished as a felony by the following:

  • A fine of not less than $1,000.00 nor more than $5,000.00.
  • Imprisonment of not less than one year nor more than five years.  The judge may probate all but 90 days of any of the term of imprisonment.
  • Not less than 60 days of community service.  Community service may be suspended if the defendant is sentenced to serve three years of actual imprisonment.
  • Completion of a DUI Alcohol or Drug Use Risk Reduction Program.
  • Clinical evaluation, and if the evaluation recommends completion of a substance abuse treatment program.
  • Five years probation less any days actually incarcerated.
  • If the fourth conviction is based on a conviction prior to July 1, 2008, the offender will be punished as a high and aggravated misdemeanor and punished in accordance with the punishment terms of a third conviction above.

 

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