Third DUI

3rd DUI in Georgia

If this is your Third DUI Offense within ten years¹ , the following sentence guidelines and license suspensions apply:

Third DUI Offense Jail Time

120 days is the minimum and 12 months is the maximum jail sentence allowed. All but 15 days of “actual incarceration” may be suspended. Judges rarely give you the minimum fifteen-day sentence on a third DUI within ten years. Most judges will sentence between 60 to 180 days in jail. You are not eligible for 2/1 credit in jail; the sheriff at his/her discretion may only reduce your incarceration by four days per month that you are incarcerated (on a 60 day sentence you may be released eight days early at the sheriff’s discretion). 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 35% to the fine).

Community Service

30 days/240 hours minimum.

Treatment

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

Probation

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

**Upon the conviction for a third or subsequent DUI within ten 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.

[¹] 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.