Under 21 DUI Charges in Georgia | Criminal Defense

If you are charged with driving under the influence (DUI) and you are under 21 years of age, the law applies special rules to your case.8   The blood alcohol content (BAC) level is not the same as a driver 21 years of age or older.  A conviction for drivers under 21 years of age are significant and should not be taken lightly.  Our attorneys understand the unique consequences to this charge and will provide you with the representation required to ensure that your rights are protected.  Give the attorneys at the Jarrett Firm a call today to discuss the facts of your case.  We look forward to hearing from you.


DUI Under 21 Years of Age in Georgia | Criminal Defense

The blood alcohol content required by the government to charge an driver under the age of 21 with DUI is lower than for a person over the age of 21.  The consequences are different as well for a driver under the age of 21.  A driver under 21 may be convicted of DUI if the driver’s BAC is .02 or more.

First Conviction:

  • Misdemeanor – incarceration ranging from ten days to 12 months.  The judge may suspend, stay, or probate all but 24 hours of any sentence imposed.
  • No plea of nolo contendere can be entered;
  • If under .08 BAC, jail time is not mandated, but a sentence requiring jail time may be entered by the judge.  If over .08 BAC, as stated in the first bullet point above, a minimum of 24 hours will be required;
  • Fine of not less than $300 and not more than $1000, which may be suspended up to one-half if the defendant is undergoing treatment in a substance abuse treatment program;
  • Community Service – If BAC is less than .08 at least 20 hours; if BAC is .08 or more, at least 40 hours of community service.  All community service hours must be completed within 60 days of the date of sentencing;
  • Completion of DUI Alcohol and Drug Use Risk Reduction Program;
  • Clinical evaluation and, if recommended by the evaluation, completion of a substance abuse treatment program.  The judge may waive the evaluation;
  • If sentenced to fewer than 12 months, then 12 months probation less any days of actual incarceration.
  • If BAC was less than .08 grams, the driver will not be eligible for license reinstatement until the end of six months.  If the driver’s BAC was .08 grams or more, then driver will not be eligible for license reinstatement until the end of 12 months.  Prior to reinstatement, the driver must show proof of completion of defensive driving program and pay the required reinstatement fee.

Second Conviction:

  • Misdemeanor;
  • 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 in ignition 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.
  • License suspended for 18 months.

Third Conviction

  • High and aggravated misdemeanor;
  • 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.

Translate »