GEORGIA DUI PENALTIES

Second Offense Within a Five Year Period

Fine

$600-$1000 plus any statutory surcharges.

Jail

 90 days to 12 months, all except three days of which may be suspended, stayed, or probated. As with a first DUI within a five year period, for any case made on or after May 1, 1999, you must do twelve months probation less any jail time.

Community Service

For cases made on or after July 1, 2001, the minimum community service is thirty days. 

License Suspension

Cases Made On or After July 1, 2001

Just when you thought you had it all figured out, the 2001 Georgia Legislature passed House Bill 385. Like the prior law, for cases made on or after July 1, 2001, the driver's license of anyone convicted of a second DUI within a five year period will be suspended for three years. However, unlike prior law, you will not be able to have your driver's license reinstated for a period of 18 months. The first twelve months is a hard suspension with no limited permit or hardship license. After that, an ignition interlock limited permit is required for 6 months. It appears that the judge can no longer order no driving for the full term of suspension as he/she could under prior law.

Under the current law, for a second or subsequent conviction within a five year period, an ignition interlock device must be installed on all vehicles registered to the offender unless the court notifies the Department of Public Safety of exemptions for multiple vehicles due to hardship.

Effect on Those Under 21 Years of Age

A cursory reading of the new statute appears to allow those under 21 who are convicted of a second in five year DUI to have their driver's license reinstated after just one year. However, a more thorough reading reveals that these underage drivers are subject to Code Section 40-5-63 (See revised Code Section 40-5-57.1 of House Bill 385). Section 40-5-63 requires an 18 month suspension for second in five DUI convictions.

License Plates

Brand new to a second conviction is license plate confiscation. Under the 2001 legislation, for cases made on or after July 1, 2001, upon conviction, the license plates of all vehicles registered to the offender will be confiscated. No new plates will be issued to the offender until such time as he/she obtains a limited permit or full reinstatement of driving privileges. Under certain conditions, a hardship license plate is available to a co-owner of the vehicle or to family members.

Photo Published

On cases made on or after May 1, 1999, your photograph, name and address, as well as the date, time, place of arrest will be published in your local newspaper. You will be charged $25.00 for this notice.

Penalties For a First Offense Within a Five Year Period
Penalties For a Third Offense Within a Five Year Period

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