Georgia DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §40-6-391
A first DUI in Georgia is classified as a misdemeanor.
- Jail: 24 hours mandatory (if BAC ≥ 0.08) minimum to 12 months maximum
- Fine: $300 to $1,000 (plus surcharges)
- License suspension: 1 year (120-day hard suspension; eligible for work permit thereafter)
- Substance abuse program: DUI Alcohol/Drug Risk Reduction Program required within 120 days; clinical evaluation required; treatment if recommended
- Community service: 40 hours mandatory minimum
- Probation: available
Second offense
- Jail: 72 hours mandatory (credit for time served at arrest) minimum to 12 months maximum
- Fine: $600 to $1,000 (plus surcharges)
- License suspension: 18 months (if within 5 years); 3 years maximum; 120-day hard suspension, then eligible for IID restricted permit for 12 months
Third and subsequent offenses
- Jail/prison: 15 days mandatory minimum to 12 months maximum
- Fine: $1,000 to $5,000
- License suspension: 5-year revocation (2-year hard suspension); mandatory IID
- Felony threshold: fourth offense within 10 years (§40-6-391(c)(2)(C)); 90 days to 5 years prison; permanent license revocation (restricted license available after 2 years with IID)
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DUI | 24 hours mandatory (if BAC ≥ 0.08)–12 months §40-6-391 | $300–$1,000 (plus surcharges) §40-6-391 | 1 year (120-day hard suspension; eligible for work permit thereafter) §40-6-391 | |
| Second DUI | 72 hours mandatory (credit for time served at arrest)–12 months §40-6-391 | $600–$1,000 (plus surcharges) §40-6-391 | 18 months (if within 5 years); 3 years maximum; 120-day hard suspension, then eligible for IID restricted permit for 12 months §40-6-391 | |
| Third DUI | 15 days mandatory–12 months §40-6-391 | $1,000–$5,000 §40-6-391 | 5-year revocation (2-year hard suspension); mandatory IID §40-6-391 |
Lookback period
Georgia uses a 10 years (criminal sentencing); 5 years (administrative/license consequences) Lookback period to determine how prior offenses affect sentencing. Only DUI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors
- Child under 14 in vehicle (separate charge per child — §40-6-391(l))
- Prior convictions within 10 years
- Accident with injury or death
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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