Written by attorney Morris Hugh Wiltshire Jr.


Georgia DUI Minimum Penalites: The 3rd Offense

If this is your third offense within a ten (10) year period, the following fines, probation/jail time, and community service applies:

Fine$1000-$5000 plus statutory surcharges.

Jail 120 days to 12 months, all but 15 days of which may be suspended, stayed or probated. As with a first or second DUI within a five year period you serve a minimum twelve months probation with credit for jail time you are sentenced to.

Community Service You must do at least 30 days of community service (240 hours).

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

If you are 21 or over, you have achieved the status of Habitual Violator and your license is revoked for five years. In order to get your probationary license after two years, you will have to complete DUI school, complete assessment and counseling, and have the ignition interlock device installed in your car. You can then get your probationary license and will be required to have the ignition interlock device for at least six months.

It appears that, pursuant to Code Section 40-5-63 (See revised Code Section 40-5-57.1) those under age 21 also will suffer the same five year suspension.

Alcohol Assessment and Treatment You must be evaluated and complete all treatment recommendations before you can get your ignition interlock permit.

License Plate Confiscation For a third DUI within a in a five year period, the license plates of all motor vehicles registered to the offender must be surrendered. Once the offender obtains either a probationary license or full reinstatement, license plates can be reissued for the offender's vehicles. Special hardship plates are available in certain circumstances for co-owners or 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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