Georgia DUI Penalties, Fines and Suspensions

Georgia DUI Conviction – administrative / civil penalty (license suspension, use of IID)

• First conviction driver’s license suspension of 180 days.
• Second conviction within five years driver’s license suspension of three years, although license may be reinstated after one year upon completion of a DUI Alcohol or Drug Use Risk Reduction Program.
• Third or subsequent conviction within five yearsà driver is an “habitual” offender; driver’s license revoked for five years. Ga. Code Ann., § 40-5-75(a).
• Upon a second or subsequent conviction within five years, the court must issue an order requiring that the license plates of all motor vehicles registered to be surrendered. Ga. Code Ann., § 40-2-136(a).
• A three-time violator within five years is termed a “habitual” offender, and faces forfeiture of their vehicle upon a fourth conviction. Ga. Code Ann., § 40-6-391.2. All violators face a requirement to complete a DUI Alcohol or Drug Use Risk Reduction Program after conviction. Conviction – criminal penalties (jail sentence, fines, community service)
• First conviction misdemeanor; jail sentence of 10 days to one year; fine of $300-$1,000; at least 40 hours community service.
• Second conviction within past 10 years misdemeanor; jail sentence of 90 days to 12 months; fine of $600-$1,000; at least 30 days of community service.
• Third conviction within past 10 years high and aggravated misdemeanor; jail sentence of 120 days to one year; fine of $1,000-$5,000; at least 30 days community service.
• Fourth conviction within 10 years felony; jail sentence of 1-5 years; fine of $1,000-$5,000; at least 60 days community service. Ga. Code Ann., § 40-6-391(c).
• Georgia law has a separate crime of causing “serious injury by vehicle” which is not conditioned on intoxication of the driver. Ga. Code Ann., § 40-6-394.

Child endangerment

• A person who commits a violation while a child under age 14 is in the vehicle commits the separate offense of endangering a child by driving under the influence of alcohol or drugs. Ga. Code Ann., § 40- 6-391(l). Punishment of that offense is provided in Ga. Code Ann., § 16-12-1.
• Reference:

Drugged Driving: 2016 Summary of Key Provisions of State Laws

DUI Arrest Statistics and Georgia Drunk Driving

* Sources: State Justice Department, Federal Highway Administration