A DUI conviction can get very expensive, depending on the number of arrests and how many convictions you have had. Our expert DUI defense lawyers at the SHElaw firm® provide this information to help you be better informed.
What is A DUI Conviction?
According to Georgia Law 40-6-391, a DUI conviction is when you plead guilty or offer a nolo contendere plea to a judge for a driving under the influence offense. The influence can be alcohol or any drug rendering the person less safe to drive, glue, aerosol, toxic vape, or any combination. The legal limit for alcohol is.08 at the stop or when measured within three hours. Any measurable amount of drugs is valid for an arrest. If the officer suspects you are on drugs, he/she can take you in and order a urine or blood sample for confirmation.
First Offense
For your first arrest, within ten years, there is a 24-hour minimum jail time. During that period, you will see a judge to set bail and rule on your punishment. The arresting officer will either be in court or have submitted your ticket to the court. Your behavior at the stop and during incarceration will factor in when the judge determines your sentence.
- A misdemeanor offense will go on your legal and driving records.
- A fine of no less than $300.00 and no more than $1000
- A period of imprisonment between ten days to twelve months. If you exhibit good behavior during your arrest or 24-hour jail stay, the judge may suspend this jail time.
\ - Community Service not less than 40 hours.
- A clinical evaluation and assessment for recommendation to a Substance Abuse Treatment Program
- Completion of a DUI Alcohol or Drug Use Risk Reduction Program
- Probation for 12 months minus any number of days you are incarcerated
Second Offense
For the second arrest for a DUI in 10 years, there is a 72-hour required minimum incarceration. The judge will rule on the following items.
- A second misdemeanor DUI offense is added to your legal and driving records.
- A fine of not less than $600 and not more than $1000
- A period of incarceration of no less than 90 days and not more than 12 months.
- Community service of no less than 30 days
- A clinical evaluation and assessment for recommendation to a Substance Abuse Treatment Program
- Completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days
- Probation for 12 months minus any number of days you are incarcerated
- You must pay the court $25.00 to send a photo and legal notice to your county newspaper about your arrest. It includes your mugshot, date of arrest, and resolution of the case. It is to be published within two weeks of your conviction.
Third Offense
The mandatory jail time for a third DUI within ten years is 15 days.
- A misdemeanor of a high and aggravated manner is added to your legal and driving records.
- A fine of not less than $1,000 and not more than $5,000
- A period of incarceration not less than 120 days not more than 12 months. The 15 days you serve will count toward this total.
- Community service of no less than 30 days
- A clinical evaluation and assessment for recommendation to a Substance Abuse Treatment Program
- Completion of a DUI Alcohol or Drug Use Risk Reduction Program
- Probation for 12 months minus any period of days you are sentenced to be incarcerated
- You must pay the court $25.00 to send a photo and legal notice to your county newspaper about your arrest. It includes your mugshot, date of arrest, and resolution of the case. It is to be published within two weeks of your conviction.
Fourth and Subsequent Offenses
Fourth and all subsequent DUI offenses within a 10-year period are taken very seriously. In Decatur, GA, mandatory incarceration is 90 days following this arrest.
- A felony DUI offense is added to your legal and driving records.
- A fine of not less than $1,000 and not more than $5,000.
- A period of incarceration between 1- 5 years
- Community service of no less than 60 days. If you are incarcerated for more than three years, the judge may suspend part or all of the time.
- A clinical evaluation and assessment for recommendation to a Substance Abuse Treatment Program
- Completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days following your conviction
- Probation for five years minus any period of days you are sentenced to be incarcerated
- You must pay the court $25.00 to send a photo and legal notice to your county newspaper about your arrest. It includes your mugshot, date of arrest, and resolution of the case. It is to be published within two weeks of your conviction.
Contact SHElaw firm if You Are Facing a DUI Charge! We Beat the Charges!
As you can see, Georgia has some of the strictest DUI laws in the nation. These are only the basic fines, but this does not include all the other costs. There are also additional court costs and trial fees. If you have a child under the age of 14 in the vehicle, you will also get a charge of Child Endangerment. Those penalties range from $1,000 to $10,000, and imprisonment from one to ten years. There is a substantial time commitment for the mandatory jail stay, any prison incarceration sentence, and to attend all the trial requirements. The DUI defense attorneys at SHElaw firm® can help gather facts, work on your case, and help you get your life back under control! Call us today at 470-788-8930 to speak with a criminal defense lawyer near you!
