Fourth DUI In Georgia

Penalties

If this is your fourth dui (or more) within the previous ten years¹ you are subject to the new felony DUI laws, and the following sentence guidelines apply:

Imprisonment

State Penitentiary, not the county jail for no less than one and no more than five years. The judge may suspend all but 90 days of actual incarceration. Judges rarely give you the minimum on a fourth DUI within ten years. You are not eligible for 2 for 1 credit in prison; the board of pardons and parole decides whether to release you early. In some circumstances judges may allow sentences to be served on work release (work during the day & return to jail at night) or on house arrest (work during the day & home at night). It is imperative to begin alcohol treatment immediately after arrest.

Fines

The minimum fine is $1,000 and the maximum fine is $5,000 (surcharges add approximately 40% to the fine).

Community Service

60 days/480 hours minimum.

Treatment

DDS approved Alcohol and Drug clinical evaluation and treatment required. This requires that you undergo at least 17 weeks of treatment, and you must complete the 20-hour DDS approved Risk Reduction Program (DUI school).

Probation

Five years of probation minus any days actually incarcerated. A fourth DUI within ten years is a felony and you must report to a felony probation officer.

**Upon the conviction for a fourth or subsequent DUI within five years, your book-in photograph will be published in your county’s legal newspaper for two weeks along with details of your arrest and conviction. You must also surrender the tag and registration of any vehicle you own or operate.

[¹] From date of arrest to date of arrest.

[²] Judges have a great deal of discretion in crafting sentences. In determining the appropriate sentence, judges usually take into account your blood alcohol level, your number of lifetime DUI convictions, your behavior with the officer, and the positive steps that you have taken since your arrest such as completing an in-patient rehabilitation program.