The criminal justice system penalties for driving under the influence increase for each consecutive conviction, and are covered in depth in the statute O.C.G.A. 40-6-391 (2016). These are just the penalties imposed by the criminal justice system, and are separate from the license suspension penalties that are imposed automatically by DDS when the criminal conviction is entered.
DUI is NOT JUST ALCOHOL, but includes the use of illegal drug, and the overuse of prescription drugs, even if prescribed by a licensed doctor.
FIRST DUI
Misdemeanor Conviction
Fine: $300 to $1000 dollars.
Jail: 10 days to 12 months; (the judge has discretion to order less than 10 days, and can suspend all jail time unless .bac was greater that .o8, whereby the judge can suspend all but 24 hours.)
Community Service: 40 hours minimum; (the judge has discretion to order less than 40 but if the .bac was over .o8, no less than 20 hours can be ordered.)
SECOND DUI (within 10 years, measured from dates of arrest)
Misdemeanor Conviction
Fine: $600 to $1000 dollars.
Jail: 90 days to 12 months; (the judge has discretion to order less than 90 days, and must put you on probation in order to ensure the laws concerning ignition interloc devices are followed.); the judge can order NO LESS than 72 hours of jail time.
Community Service: 30 days minimum.
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THIRD DUI (within 10 years, measured from dates of arrest)
High and Aggravated Misdemeanor Conviction
Fine: $1000 to $5000 dollars.
Jail: 120 days to 12 months; (the judge has discretion to order less than 120 days, and must put you on probation in order to ensure the laws concerning ignition interloc devices are followed.); the judge can order NO LESS than 15 days of jail time.
Community Service: 30 days minimum.
FOURTH DUI (within 10 years, measured from dates of arrest)
FELONY CONVICTION
Fine: $1000 to $5000 dollars.
Jail: 1 YEAR to 5 YEARS ; (the judge has discretion to order less than 120 days, and must put you on probation in order to ensure the laws concerning ignition interloc devices are followed.); the judge can order NO LESS than 90 days of jail time.
Community Service: 60 days minimum.
NOTE: These are not all of the criminal penalties, as each violation requires additional requirements such as substance abuse dependency evaluation and treatment.