The DUI consequences in Georgia are serious even on a first offense: mandatory jail time, fines, license suspension, community service, and DUI school. They get significantly more serious with each subsequent conviction, and a fourth DUI within ten years is a felony under O.C.G.A. § 40-6-391. The financial and personal consequences extend well beyond the courtroom.
A DUI arrest in Georgia sets off two separate legal processes at the same time: a criminal case and an administrative license suspension. Both happen fast, both have deadlines, and both can permanently affect your driving record, your finances, and your future.
Kim Keheley Frye and the team at Frye Law Group have defended DUI cases throughout Marietta and Cobb County. Below we break down exactly what you are facing at every level and how to avoid it.
The Criminal Consequences of a DUI in Georgia
Under O.C.G.A. § 40-6-391, Georgia uses a ten-year lookback period for DUI convictions. That means any DUI within the past ten years counts as a prior offense when determining your penalties.
First Offense DUI
A first DUI conviction in Georgia is a misdemeanor. You could face:
- A fine of $300 to $1,000
- A period of imprisonment of not fewer than 10 days and not more than 12 months (though the judge may suspend all but 24 hours if your BAC was 0.08 or more, or suspend the entire jail term at their discretion if BAC was below 0.08)
- 12 months of probation, minus any days served in jail
- A minimum of 40 hours of community service
- Mandatory completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days of conviction
- A clinical evaluation and, if recommended, completion of a substance abuse treatment program (though the court may waive the evaluation at its discretion)
Second Offense DUI Within Ten Years
A second DUI within ten years is still a misdemeanor but carries significantly harsher penalties:
- A fine of $600 to $1,000
- A minimum of 90 days in jail, up to 12 months, with at least 72 hours of actual incarceration required
- 12 months of probation, minus any days served in jail
- A minimum of 30 days of community service
- Mandatory DUI school and clinical evaluation
- A notice of your conviction published in your county’s legal organ if the second conviction occurs within five years of the first (you are also assessed $25 for the cost of publication)
Third Offense DUI Within Ten Years
A third DUI within ten years is a high and aggravated misdemeanor. You could face:
- A fine of $1,000 to $5,000
- A mandatory minimum of 120 days in jail, up to 12 months, with at least 15 days of actual incarceration required
- 12 months of probation, minus any days served in jail
- A minimum of 30 days of community service
- Mandatory DUI school and clinical evaluation
- Publication of your conviction notice in your county’s legal organ if within five years of a prior conviction
Fourth Offense DUI Within Ten Years — Felony
A fourth DUI within ten years is a felony in Georgia. You could face:
- A fine of $1,000 to $5,000
- One to five years in prison, though the judge may suspend all but 90 days
- Five years of probation, minus any days served in prison
- A minimum of 60 days of community service, waivable if sentenced to three or more years of actual imprisonment
- Mandatory DUI school and clinical evaluation
- A permanent felony record
License Consequences and the Administrative Process
Your license consequences are separate from your criminal case and are handled by the Georgia Department of Driver Services, not the court. If you were arrested for DUI, your license may be subject to administrative suspension regardless of whether you are convicted.
You have only 30 days from the date of arrest to request a hearing to contest the administrative suspension. Missing that window means an automatic suspension. This deadline runs at the same time as your criminal case, which is why getting an attorney involved immediately after an arrest matters.
The Financial Reality of a DUI in Georgia
The fines listed in the statute are just the starting point. A DUI conviction typically also includes:
- Court fees and surcharges that can add several hundred dollars on top of the statutory fine
- Mandatory DUI school fees
- Probation supervision fees
- Ignition interlock device installation (typically around $100) and monthly monitoring fees ($70 to $100 per month)
- Insurance premium increases, which could add hundreds or thousands to your premium per year for several years
- Attorney fees
- License reinstatement fees
The total cost of a first DUI conviction in Georgia routinely exceeds $5,000 to $10,000 when all costs are added together. A second or third conviction can cost significantly more.
Talk to a Georgia DUI Defense Attorney
A DUI charge is not the same as a DUI conviction. Frye Law Group has defended DUI cases throughout Marietta and Cobb County and has the results to back up our approach. The earlier you get an attorney involved, the more options you have. Contact us today for a case evaluation.
Frequently Asked Questions About the Consequences of Getting a DUI in Georgia
1. Is a first DUI a felony in Georgia?
No. A first, second, and even third DUI in Georgia are misdemeanor offenses under O.C.G.A. § 40-6-391. A fourth DUI within ten years is a felony, carrying one to five years in prison.
2. How long does a DUI stay on your record in Georgia?
Georgia uses a ten-year lookback period for DUI sentencing purposes, meaning prior convictions within ten years count toward enhanced penalties. However, a DUI conviction remains on your criminal record permanently unless it is successfully restricted. Contact Frye Law Group to understand your options.
3. Will I lose my license after a DUI in Georgia?
You may face both an administrative license suspension and a court-ordered suspension. For a first offense, suspension can last up to 12 months, with possible early reinstatement after 120 days if you complete DUI school. For a second offense within ten years, the suspension is at least 18 months with a 120-day hard suspension during which you cannot drive at all.
4. Do I have to go to jail for a first DUI in Georgia?
The mandatory minimum for a first DUI in Georgia is 24 hours in jail, though this is sometimes waived. The maximum is 12 months. Jail time increases significantly with subsequent offenses: a second DUI requires at least 72 consecutive hours, and a third requires at least 15 consecutive days.
5. What is the DUI lookback period in Georgia?
Georgia uses a ten-year lookback period under O.C.G.A. § 40-6-391. Any DUI conviction within the past ten years counts as a prior offense when determining your penalties. A fifth DUI that falls outside the ten-year window would be treated as a first offense for sentencing purposes.
6. What happens if I refuse a breathalyzer in Georgia?
Refusing to submit to chemical testing triggers an automatic license suspension under Georgia’s implied consent law. You have 30 days from your arrest to request a hearing to contest the suspension. Refusal can also be used as evidence against you in your criminal case. Frye Law Group can advise you on how refusal affects your specific situation.
7. Can a DUI be reduced to reckless driving in Georgia?
In some cases, a DUI charge may be negotiated down to a reckless driving charge, which carries fewer consequences and does not count as a DUI for lookback purposes. This depends on the specific facts of your case, the evidence, and how effectively your attorney negotiates. Kim Keheley Frye has handled DUI cases throughout Cobb County and knows when and how to pursue this outcome.
8. How much does a DUI cost in Georgia?
The total cost of a first DUI in Georgia, including fines, court fees, DUI school, probation, ignition interlock if applicable, and insurance increases, routinely exceeds $5,000 to $10,000. Subsequent convictions cost significantly more. These costs do not include lost income from time in jail or the long-term impact on employment.