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Georgia Dui Penalties General, Under Age 21, And Commercial Driver

This article was edited and reviewed by FindLaw Attorney Writers | Last reviewed March 26, 2008

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First DUI offense:

  1. Imprisonment not less than 10 days nor more than 12 months;
  2. Judge may suspend all but 24 hours of imprisonment;
  3. Probation, 12 months less any time served in jail;
  4. Fine not less than $300 nor more than $1,000;
  5. Not less than 40 hours community service;
  6. Attend and complete Drug and Alcohol Risk Reduction School; (DUI school);
  7. 12 month suspension of drivers licenses, however after 30 days following the effective date of the suspension individual my apply for a reinstatement. Must have completed the Drug and Alcohol Risk Reduction School, and pay a reinstatement fee of $210 if reinstatement is applied for in person or $200.00 by mail.

Second DUI offense within 5 years of the last measured from the date of arrest last arrest:

  1. Imprisonment not less than 90 days nor more than 12 months;
  2. Judge may suspend all but 48 hours of imprisonment;
  3. Probation, 12 months less any time served in jail;
  4. Fine not less than $600 nor more than $1,000;
  5. Not less than 80 hours community service;
  6. Attend and complete Drug and Alcohol Risk Reduction School; (DUI school);
  7. Clinical evaluation (drug and alcohol) and treatment if indicated;
  8. 3 year suspension of drivers licenses, however after 120 days following the effective date of the suspension individual my apply for a reinstatement. Must have completed the Drug and Alcohol Risk Reduction School, and pay a reinstatement fee of $210 if reinstatement is applied for in person or $200.00 by mail.

Third DUI offense within 5 years of the last measured from the date of last arrest:

  1. Considered a High or Aggravated Misdemeanor
    1. Imprisonment not less than 120 days nor more than 12 months;
    2. Judge may suspend all but 10 days of imprisonment;
    3. Probation, 12 months less any time served in jail;
      1. Fine not less than $1,000 nor more than $5,000;
      2. Not less than 20 days community service;
      3. Attend and complete Drug and Alcohol Risk Reduction School; (DUI school);
      4. 12 month suspension of drivers licenses, however after 10 months following the effective date of the suspension individual my apply for a probationary drivers license. Must have completed the Drug and Alcohol Risk Reduction School, and pay a reinstatement fee of $210 if reinstatement is applied for in person or $200.00 by mail.
DUI CONVICTION WHEN UNDER 21 YEARS OF AGE
  1. Blood alcohol level of 0.02 grams is standard for DUI in an offender who is under 21.
  2. Imprisonment not less than 10 days nor more than 12 months;
  3. Judge may suspend all but 24 hours of imprisonment;
  4. Probation, 12 months less any time served in jail;
  5. Fine not less than $300 nor more than $1,000;
  6. Not less than 40 hours community service;
  7. Attend and complete Drug and Alcohol Risk Reduction School; (DUI school);
  8. Revocation of drivers licenses, however after 6 months following the effective date of the revocation and subject to the examination requirements for obtaining a drivers license the individual my apply for their drivers license. If the blood alcohol level was 0.08 or more the revocation is for 12 months. A second or subsequent DUI the revocation is for 12 months. Must have completed the Drug and Alcohol Risk Reduction School, and pay a reinstatement fee of $210 if reinstatement is applied for in person or $200.00 by mail.

DUI CONVICTION WHEN OPERATING A COMMERCIAL VEHICLE

  1. Blood Alcohol Level of 0.04 is standard for DUI involing a comerical driver;
  2. Imprisonment not less than 10 days nor more than 12 months;
  3. Judge may suspend all but 24 hours of imprisonment;
  4. Probation, 12 months less any time served in jail;
  5. Fine not less than $300 nor more than $1,000;
  6. Not less than 40 hours community service;
  7. Attend and complete Drug and Alcohol Risk Reduction School; (DUI school);
  8. 12 month suspension of drivers licenses, however after 30 days following the effective date of the suspension individual my apply for a reinstatement. Must have completed the Drug and Alcohol Risk Reduction School, and pay a reinstatement fee of $210 if reinstatement is applied for in person or $200.00 by mail.
  9. Second conviction within 5 years the offenders name is published in the county newspaper, and along with the sanctions listed for a second time offender within 5 years the offender must pay to the Clerk of the Court $25.00, for the fee to have his/her name published.
PLEAS

May not use nolo contendere (no contest) plea as a way to try and save your drivers license. Nolo contendere pleas count as a guilty plea. Nolo contendere pleas from other jurisdictions count as convictions in Georgia. If the offender pled nolo in another jurisdiction and is arrested and convicted of DUI, in Georgia, within 5 years of prior arrest the nolo will count to enhance the penalties.

Offender may not use the Georgia First Offender Act, which would allow the Count to withhold adjudication thereby keeping the offenders's record clear of any conviction.

If you need more information contact me at 770-754-7430 or e-mail me at jprutkowski@prodigy.net.

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