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DUI Second Offense Penalties

DUI Penalties for Your Second Conviction


Georgia law controls the minimum sentence for a second conviction for DUI within the last five years. Each Court will sentence differently but at a minimum state law requires:

Each Court will sentence differently, but at a minimum state law requires:  

Jail time for 90 days and possibly up to one year

A second offense for DUI can result in jail time of 90 days and up to 1 year. The judge can suspend all but 72 hours of the jail time and put you on probation for the remainder of your sentence.

Technically, no jail time is required for a DUI conviction unless there was a BAC of 0.08% or more. In practice, most judges tend to ignore this distinction.

You will be given credit for any time you served in jail after your arrest for DUI. The Sheriff or police agency that runs the jail in the county of your arrest will calculate the time that you have served.

Fine of $600 minimum, up to $1,000

State law requires that the minimum fine for your DUI charge is $600.00. However, each county may add their own fees and surcharges that may raise the total amount of your fine by an additional 50%.

License suspension of three years

After a conviction for DUI your driver’s license will be suspended for three years. This is not the same as any suspension of your license if you did not participate in the state’s breath test which is discussed in a different post.

You may be eligible for a limited driving permit after waiting 120 days, completing a driving school, and paying a license reinstatement fee.

30 days of community service, minimum mandatory

State law also requires 30 days of community service. Georgia Law is unclear on what constitutes a day of community service however the Court says this means 8 hours.  The specific community service requirements are different in each county. Some counties will allow you to volunteer with any non profit anywhere. Others may require you to perform the community service in the county you were convicted in or from an approved list. Others still may mandate exactly how you perform the service.

Drug and Alcohol Evaluation

The state requires a Drug and Alcohol evaluation to determine if any treatment is necessary. If treatment is needed it will be included in your sentence.

Photo Published in the Local Newspaper

Your photo will be published in the local newspaper and a fee of $25.00 will be charged to you.

$210 license reinstatement fee

This fee is usually paid directly to the department of driver services and is required to reinstate your license if it was suspended.

DUI school

DDS requires that you enroll and attend an approved DUI school. You are responsible for the costs. In order to attend, you must submit to a $100 evaluation and at least 20 hours of instruction costing upwards of $235.

You will likely also have fees associated risk reduction or defensive driving classes. Also, there may be monthly supervision fees while you are on probation.

Ignition Interlock Device

Once you get your license back you will be required to have and ignition interlock device installed in your vehicle.  This device requires that you blow into it prior to cranking up your car. You are required to pay the cost of installation and a monthly maintenance fee.

You will likely also have fees associated risk reduction or defensive driving classes. Also, there may be monthly supervision fees while you are on probation.

However, just because this is the maximum penalty, it does not mean this is the likely punishment for your first DUI. Every DUI case is different. There may be specific defenses to your case.  It is important that you consult with an attorney as soon as possible.

If you have been charged with a DUI in Cartersville, Bartow County, Floyd County, Cherokee County, Cobb County, or Paulding County, contact your DUI Attorney at (770) 387-4529.

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