Co-Author of
Georgia DUI Survival Guide
First DUI Offense GA Within Ten Years
The following penalties apply to first offense DUI charges in Georgia if the driver is over the age of 21 at the time of arrest. For information about first offense penalties for under 21 drivers, refer to our page on underage DUI. Additionally, there are special penalties that apply to Georgia first offense DUI arrests for drivers who operate a commercial vehicle (CDL).
| Punishment (over 21) | BAC >= .08 | BAC < .08 | Comments |
|---|---|---|---|
| Fine | $300-1,000 | $300-1,000 | Plus any statutory surcharges (usually an additional 50%) |
| Sentence/Jail Time | 10 days to 1 year | 10 days to 1 year | Most judges will suspend all but 24 hours, particularly if it is the 1st DUI offense lifetime. |
| Minimum Jail time | 24 hours | None | |
| Probation | Up to 1 year, including time served | Up to 1 year, including time served | |
| Community service | at least 40 hours | at least 20 hours | |
| License suspension | Up to 1 year | Up to 1 year | May reinstate full driving privileges after 120 days if you have completed DUI school and pay the license reinstatement fee; see below for information about a limited permit |
| Substance abuse evaluation/treatment | See below | See below |
Limited Permit in the case of a First DUI Offense in GA
A limited driving permit should be available for use during the suspension period. However, this does not apply to DUI under age 21 or DUI with a commercial drivers license (CDL). A limited permit is not available if the trial court reports a conviction for DUI-drugs or DUI-combination alcohol and drugs to the Georgia Department of Driver Services.
A driver who is convicted of violating the conditions on a limited permit or of any moving violation (includes paying the fine for a speeding ticket) will have his or her permit revoked for six months, in addition to any suspension that may be imposed on account of the “new offense.”
A person who fails to attend or complete a substance abuse treatment program will also be subject to a six-month revocation of the permit and any privilege to drive and the “countdown” to reinstatement does not begin running until the permit is surrendered to the Georgia Department of Driver Services.
First Offense & DUI-Drugs
Most judges will impose a period of actual incarceration in the case of a DUI-drugs or a refusal to be tested. More information about DUI-drugs can be found at http://www.westgeorgiaduiattorney.com/dui-drugs.html.
Clinical Evaluation for a First Offense DUI in Georgia
For anyone arrested in Georgia for a first DUI offense on or after July 1, 2008, the law now requires a clinical evaluation and the completion of any recommended treatment. This requirement can be waived at the discretion of the trial court. In our experience, a majority of trial judges are not imposing this requirement on a first offense lifetime DUI unless the BAC is extraordinarily high.
