1st DUI Penalties in Georgia

Learn about possible 1st DUI penalties in Georgia from Morgan County criminal defense lawyer, Michael Fulcher.

Facing a first-time DUI charge in Georgia can be an overwhelming experience, especially with the potential for serious legal and personal consequences.

While a first DUI is classified as a misdemeanor, the penalties are far from minor. A conviction can lead to jail time, license suspension, hefty fines, and mandatory participation in DUI education programs. These repercussions can significantly impact your daily life and future opportunities.

If you’re navigating your first DUI charge, having an experienced Georgia DUI lawyer by your side can make a critical difference in understanding your options and building a strong defense.

What is a DUI in Georgia?

Driving Under the Influence (DUI) is the offense of driving under the influence of drugs, alcohol, or prescription medication taken at a level which impairs the ability to drive safely.

It is also known by several other names in various jurisdictions.

In Georgia, drivers can be charged with DUI in two ways: DUI per se, which involves a blood alcohol concentration (BAC) of 0.08% or higher, and DUI less safe, where impairment is suspected regardless of BAC levels.

Even for a first-time offender, a DUI charge can be costly. Fines can range from $300 to $1,000. But this figure can increase by almost double once additional surcharges are included.

To satisfy legal requirements and reinstate their driver’s license with the Georgia Department of Driver Services (DDS), individuals charged with DUI must complete a 20-hour course called the DUI Alcohol or Drug Use Risk Reduction Program.

In general, a first-time DUI offense is classified as a misdemeanor. If convicted, the judge may impose a sentence of up to 12 months in county jail. If the blood alcohol concentration (BAC) is .08% or more, the law mandates at least 24 hours of jail time.

If sentenced for a 1st DUI offense in Georgia, the total duration of the sentence must be at least one year.

For first-time offenders, a significant portion of this sentence is typically spent on probation instead of incarceration. During this period of probation, individuals are required to pay a supervision fee and will be monitored by a probation officer to ensure all requirements of the sentence are being met.

A second DUI conviction in Georgia within a five-year period brings significantly harsher penalties than a first-time offense. The state’s DUI laws are designed to escalate consequences for repeat offenders, reflecting Georgia’s strict stance on impaired driving.

Penalties for a Second DUI

If convicted of a second DUI within five years, you can expect:

• Fines: Between $600 and $1,000, plus mandatory surcharges.
• Jail Time: A minimum of 72 hours, with the potential for up to 12 months.
• Community Service: At least 30 days of mandatory community service.
• Mandatory Counseling: Completion of a DUI Risk Reduction Program and clinical evaluation for substance abuse, with treatment if recommended.

Driver’s License Consequences

A second DUI conviction within five years results in more severe impacts on your driving privileges, including:

• A three-year license suspension. Eligibility for limited driving privileges may be available after 120 days with the installation of an ignition interlock device.
• Completion of a mandatory DUI risk reduction program.
• License plate confiscation for all vehicles registered to the individual who received a 2nd DUI. License plates will only be reissued after a permit is issued, or the license suspension is over.

Other Penalties

Additional penalties may include probation, mandatory attendance at a DUI Victim Impact Panel, and potential vehicle confiscation in some cases.

The 10-Year Look back Period
While the penalties described above apply to a second DUI within five years, Georgia law includes a 10-year “look back period.” This means prior DUI convictions within the past 10 years can also influence sentencing, leading to more severe penalties.

A DUI penalty can also result in the suspension of your driver’s license. If a driver over the age of 21 is convicted of their first non-drug-related DUI offense, the Georgia Department of Driver Services (DDS) will suspend their license for 12 months.

The driver can also ​​have their license limited based on an individual’s driving history. They may be allowed to drive to and from work, school, and other authorized destinations.

In some scenarios, the driver can have their license suspended for 120 days.

Suppose an individual’s DUI conviction is related to drug use. In that case, they will be subject to different rules pertaining to the suspension of their driver’s license, especially if it is a DUI under 21.

DUI convictions can result in the suspension of a license for a period of 180 days. For reinstatement, however, the same requirements apply as would an alcohol-related DUI, including completing the Risk Reduction Program and paying a fee.

Michael Fulcher Law knows DUI law, with over 17 years of experience as a prosecutor, public defender, and privately retained defense counsel. That experience includes a deep understanding of DUI law, criminal procedure, and familiarity with all players—police, prosecutors, and judges—in Morgan, Greene, Putnam, Taliaferro, and Jasper Counties. Call us at (706) 438-1555 or contact us.

Michael Fulcher can fiercely defend your legal rights, assess the strength of the prosecution’s case, and advise you on a course of action that is in your best interests.

Call or email now to schedule a free consultation. Your free consultation with Michael Fulcher Law is confidential and covered by attorney-client privilege. Your frank answers to all questions will assure a realistic assessment of the charges so that we can advise you on your rights, defenses, and how to proceed.