Written by attorney Morris Hugh Wiltshire Jr.


Georgia DUI Minimums: The 2nd Offense

If this is your second offense within a ten (10) year period, the following minimum fines, probation/jail time, and community service apply. You need to keep in mind that these are the minimum statutory consequences and many courts in Georgia can and due sentence more harshly than the mimimum punishments.

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 you must serve at least twelve months probation if convicted.

Community Service The minimum community service is thirty days (240 hours).

License Suspension If this is your second offense within a five (5) year period you will lose your license as follows:

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. Under 21 Years of Age 40-5-63 requires an 18 month suspension for second in five DUI convictions.

License Plates 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 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.

DUI School You are required to complete DUI School to have your driver's license or privilege to drive in Georgia reinstated. If you want to use an out-of-state DUI school, first either contact the Georgia Risk Reduction program at (678) 413-8400, or go to the website at to determine which out of State program will be accepted by Georgia. Out of State program must be at least 20 hours in length and held in a classroom environment (online programs will not qualify). The current cost to attend DUI school is $292.00.

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