Mandatory Minimum Penalties for DUI Convictions in Chatham County, Georgia
Be aware! Georgia requires mandatory minimum penalties for DUI convictions. These are the absolute minimums. In our experience, sentences imposed typically exceed these mandatory minimum penalties. Non-judicial penalties which follow a DUI conviction will hurt.
DUI 1st in 10 Years
Minimum Jail Time: 10 days. Judge may waive or suspend all but 24 hours of jail time.
- 21 & over w/BAC > .08: 24 hours
- Under 21 w/BAC > .08: 24 hours
- Under 21 w/BAC < .08: None
- Commercial Vehicle w/BAC > .08: 24 hours
License Suspension Period upon Conviction or Nolo Contendere Plea:
- 21 & over w/BAC > .08: 1 year suspension and limited permit available for 21 & over & early reinstatement > 120 days.
- Under 21 w/BAC > .08: 12 month suspension
- Under 21 w/BAC < .08: 6 month suspension
- Commercial Vehicle w/BAC > .08: Suspension can be based on age and BAC level, plus 1 year CDL disqualification for 1st DUI offense for commercial drivers
Minimum Fines: $300 plus surcharges and assessments.
Maximum Fines: $1000 plus surcharges and assessments
DUI Risk Reduction School: Mandatory.
Minimum Community Service:
- 21 & over w/BAC > .08: 40 hours
- Under 21 w/BAC > .08: 40 hours
- Under 21 w/BAC < .08: 20 hours
- Commercial Vehicle w/BAC > .08: 40 hours
Probation: 12 months, minus any jail time served.
Notes
- Regardless of whether a limited work permit is first obtained, no regular license can be given until the mandatory Risk Reduction Course is completed.
- Limited work permit available to drivers over age 21, but not valid for operating commercial vehicle.
- Clinical Treatment & Evaluation: Mandatory, unless waived in writing by judge (possible waiver only applies to 1st offenders in 10 years).
DUI 2nd in 10 Years, All Offenders regardless of age
Minimum Jail time: 90 days. Judge may suspend all but 72 hours of jail time.
License Suspension Period upon Conviction or Nolo Contendere Plea:
- 3 year suspension subject to early reinstatement after 18 months; limited work permit available to Georgia residents after 12 months with interlock device installed and monitored monthly for 6 months;
- Under 21 drivers subject to 12 month suspension in 40-5-57.1, but still subject to ignition interlock device rules at O.C.G.A. 40-6-391(c) and 42-8-110
Minimum Fines: $600 plus surcharges and assessments.
Drug and Alcohol Treatment: Mandatory.
DUI School: Mandatory.
Minimum Community service: 30 days (240 hours).
Minimum Probation: 12 months, minus any jail time served.
Photo and Case Disposition Published: Your photo and DUI conviction will be printed in the local newspaper.
License Plates Confiscation: The Court confiscates all license plates for vehicles owned or co-owned by the defendant; these are returned after the completion of suspension.
Notes
- Ignition interlock is mandatory for all GA residents on 2nd DUI offense within 5 years. All license tags confiscated by sentencing court and sent to the county tag office; however possible special hardship plate on 1 car for family; special tag identifies the approved hardship vehicle by its DUI license plate that police can easily identify.
- Prior CDL licensed driver may be eligible for non-CDL license after suspension ends. CDL Lifetime Ban for any repeat DUI’s while licensed as a CDL driver.
- Clinical Treatment & Evaluation Required.
PLEASE NOTE: Any client facing a “second in five” or more clearly needs help for alcohol dependence or addiction. For these individuals, we require therapy by a certified alcohol and drug addiction counselor. Approved by DHR, this counselor will provide written certification after course completion. Not only is this counseling necessary for our client’s emotional and behavioral wellbeing, it often helps to persuade a judge to reduce punishment.
DUI 3rd in 10 Years, All Offenders regardless of Age
Minimum Jail time: 120 days. Judge may suspend all but 15 days of jail time
License Suspension Period upon Conviction or Nolo Contendere Plea:
- 5 year revocation; probationary license available to Georgia residents (age 21 & over at sentencing) after 2 years; must attach the interlock on vehicle.
- Lifetime CDL disqualification
Minimum Fines: $1000 plus surcharges and assessments.
Drug and Alcohol Treatment: Mandatory.
DUI School: Mandatory.
Minimum Community Service: 30 days (240 hours)
Probation: 12 months, minus jail time served.
Photo and Case Disposition Published: Your photo and DUI conviction will be printed in the local newspaper.
License Plates Confiscation: The Court confiscates all license plates for vehicles owned or co-owned by the defendant; these are returned after the completion of suspension.
Vehicle Forfeiture: Individuals declared “Habitual Violators” will have their vehicles confiscated by the state.
Notes
- If eligible, ignition interlock is mandatory for all offenders on 3rd or subsequent offense within 5 years.
- Clinical Treatment and Evaluation Required.
- Ignition interlock is mandatory for all Georgia residents on 3rd offense within 5 years. All license tags confiscated by the sentencing court and sent to the county tag office; but, possible hardship plate on 1 car for family; special tag identifies the approved hardship vehicle by its “DUI” license plate that police can easily identify.
- High and aggravated limits good time credit to 4 days per 30.
DUI 4th in 10 years
Misdemeanor: Where any and all of the 4 DUI arrest dates occurred prior to 7-1-08
Minimum Jail time: 15 days High & Aggravated, All Offenders
License Suspension Period upon Conviction or Nolo Contendere Plea:
- 5 year revocation; probationary license available to Georgia residents (age 21 & over at sentencing) after 2 years; must attach the interlock on vehicle.
- Lifetime CDL disqualification
- If declared habitual violator, possible vehicle forfeiture under O.C.G.A. 40-6-391.2 after having been declared HV.
- All repeat DUI Offenders — Lifetime DUI Record — will be subject to extreme restrictions on ability to travel or relocate from State where sentenced due to Federal Compact. The restrictions apply to the entire length of probation on all offenses arising out of the same repeat offense DUI “Transaction” that run 12 months or longer on probation. See the harsh reality at the I.C.A.O.S. website: www.interstatecompact.org.
Minimum Community Service: For misdemeanors, 240 hours of community service.
For felonies, minimum of 480 community service hours — but 2008 law says that the Judge May eliminate or reduce the community service hours, but only if he or she sentences the offender to 3 or more actual years in jail.
Minimum fine: $1,000
Maximum fine: $5,000
Notes
- If eligible, ignition interlock is mandatory for all offenders on 4th or subsequent offense within 5 years.
- Clinical Treatment and Evaluation Required.
- Ignition interlock is mandatory for all Georgia residents on 3rd offense within 5 years. All license tags confiscated by the sentencing court and sent to the county tag office; but, possible hardship plate on 1 car for family; special tag identifies the approved hardship vehicle by its “DUI” license plate that police can easily identify.
- High and aggravated limits good time credit to 4 days per 30.
- The optional reduction of community service hours for 4th offenders may seem to be applicable to felony DUI offenders only, but stacking a sentence with three or more consecutive misdemeanor offenses may give the judge a way to do the same thing for an offender either being found guilty or entering a plea to multiple misdemeanors that include a 4th offense misdemeanor-level DUI conviction.
- Drug Court or DUI Court can shorten 90 day prison term.
The information on this webpage came from William C. Head’s, “GA-Mandatory Minimum Punishment for DUI Convictions.” The DUI Grid may be downloaded at www.DUI.tv/galaws.pdf