Second DUI Offense

If this is your Second DUI Offense within the last ten years, the following sentencing guidelines apply:

Second DUI Offense Georgia Jail Time

90 days is the minimum and 12 months is the maximum jail sentence allowed by law. All but 72 hours of “actual incarceration” may be suspended. Judges rarely give you the minimum three-day sentence on a second DUI within five years. Most judges will sentence between 30 days in jail and 90 days in jail. You are eligible for 2 for 1 credit in the jail (the sheriff at his/her discretion may release you after serving half of your sentence). Under certain circumstances judges 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)[¹].

Probation

Twelve months of probation minus any days actually incarcerated. Georgia requires that misdemeanor probationers be supervised by a private probation company. These companies typically charge probationers between $35 and $44 to supervise their probation.

Fines

The minimum fine is $600 and the maximum fine is $1,000 (surcharges add approximately 35% to the fine). Typically judges will give you the maximum $1,000 fine.

Community Service

30 days/240 hours minimum.

Treatment

DDS approved Alcohol and Drug clinical evaluation and treatment required. You will usually be required to undergo at least 17 weeks of treatment. You must also attend and complete a DDS approved 20-hour Risk Reduction Program (DUI School).

**Upon the conviction for a second or subsequent DUI within five years, your mug shot 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 DUI convictions in your lifetime, your behavior with the officer, and the positive steps that you have taken since your arrest such as completing DUI school.