Georgia
William C. Head
For Georgia Cases Call
(404) 250-1113 or
1-877-DUI-GEOR (1-877-384-4367)
INFORMATION
GEORGIA Drunk Driving Arrest
GEORGIA License Suspension Laws
GEORGIA Courts --Information
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FIRST OFFENSE - Georgia Mandatory Minimum Punishment for Convictions
(Only Applies to Arrests Made 7/1/08 & After)
PDF Text Version | PDF Color Print Version
First Offense | Second Offense | Third Offense
| ARRESTS MADE PRIOR TO JULY 1, 2001 | ARRESTS MADE JULY 1, 2001 OR AFTER | COMMENTS OF MR. HEAD ON 2001 CHANGES | |
| JAIL TIME REQUIRED | All drivers with a BAC of .08 or more: 10 days in jail (of which judge can waive or suspend all but 24 hours) to a maximum of 12 months in jail; Drivers with BAC under .08: no minimum jail time is required, but maximum is still 12 months | All drivers with a BAC of .08 or more: 10 days in jail (of which judge can waive or suspend all but 24 hours) to a maximum of 12 months in jail; Drivers with BAC under .08: no minimum jail time is required, but maximum is still 12 months | Judge has discretion to give more jail time than the minimum. The length of the jail sentence depends on the facts of the specific case and the judge presiding. Many judges give no credit for any jail time done on the night of arrest. Even for drivers with BAC results under 0.08, almost all convictions result in 24 hours or more in jail. |
| MONETARY FINES | Minimum $300.00+ surcharges and assessments to maximum $1,000.00+ surcharges and assessments | Minimum $300.00+ surcharges and assessments to maximum $1,000.00+ surcharges and assessments | Typical surcharges and sentences of assessments add about 20% to 25% to the total fine amount of any DUI conviction. Unchanged by 2001 law. Please note: many Georgia judges ignore the "5 year lookback" of the mandatory minimum punishment. Jail sentences are often 4 to 30 days on a second lifetime DUI, even though "1st in 5 years." |
| LICENSE SUSPENSION | 21 & over drivers: 12 months suspension; for Georgia residents, possible immediate work permit and possible early license reinstatement after 120 days if driving school completed and reinstatement fee paid; Under-21 drivers with BAC .08 or more: 12 months revocation with no work permit;Under-21 drivers with BAC under .08: 6 months revocation with no work permit | 21 & over drivers: 12 months suspension; for Georgia residents, possible immediate work permit and possible early license reinstatement after 120 days if driving school completed and reinstatement fee paid; Under-21 drivers with BAC .08 or more: 12 months suspension with no work permit;Under-21 drivers with BAC under .08: 6 months suspension with no work permit | The 2001 legislation changed the underage (under-21) driver’s loss of license from a revocation to a suspension. In either case, no work permit is available. Georgia also has certain "revoking" provisions for high school age students under age 18 who quit school or engage in disciplinary violations, which can add on longer periods of license loss. In addition, any 4-point traffic violation can add a six month suspension (revocation if prior to July 1, 2001). Any DUI-related vehicular homicide results in five year revocation with no chance for probationary license. |
| DRIVING SCHOOL (RISK REDUCTION) | Mandated for all drivers before a new license to drive (or permission for a non-resident to operate a car in Georgia) can ever be re-established | Mandated for all drivers before a new license to drive (or permission for a non-resident to operate a car in Georgia) can ever be re-established | Georgia’s Risk Reduction Course is 20 hours in length. Until a person takes this course (non-residents can take the equivalent course offered in their state and send to Georgia DDS), NO driving privileges or license can EVER be obtained again...in perpetuity. Cost of reinstatement: $200.00 by mail; $210.00 walk-in. Driving school total costs are about $250.00. Most schools operate on a schedule of 7 hours on both Saturday and Sunday & then 3 hours Monday and Tuesday evenings. A limited number of schools follow a different schedule. |
| COMMUNITY SERVICE | All 21 & over drivers and those under-21 drivers with BAC of .08 or more: 40 hours minimum, no maximum; Under-21 with BAC under .08: 20 hours or more with no set maximum | All 21 & over drivers and those under-21 drivers with BAC of .08 or more: 40 hours minimum, no maximum; Under-21 with BAC under .08: 20 hours or more with no set maximum | Many courts regulate community service and control when and where it will be performed. Others are more flexible and will permit community service to be carried out through most charitable or non-profit providers and will additionally allow pre-sentence completion. |
| PROBATION | 12 months mandated, minus any jail time served | 12 months mandated, minus any jail time served | Probation carries a monthly supervision fee, typically $30.00 to $40.00 per month. |
All Rights Reserved - ©1997-2008 William C. Head - (404) 250-1113
