Third DUI Penalties in Georgia

3rd DUI Penalties in Georgia

A third Georgia DUI is a serious matter than can affect the rest of your life.  It can result in serious jail-time and loss of license  It can also cause you to become declared an habitual violator.  If declared an habitual violator, you will lose your ability to drive for at least 2 years and for as much as 5 years. If you are found driving after being declared an habitual violator, can be sent to prison for up to 5 years.

A third DUI within 10 years in Georgia is a high and aggravated misdemeanor. Because it is labeled “high and aggravated,” the amount of earned time allowance will be limited for jail sentences. The maximum penalty for a 3rd DUI conviction in Georgia within 10 years is 12 months in jail and a $5,000.00 fine plus court surcharges. The minimum penalty is 15 days in jail, with credit for any time served after arrest, and a $1,000.00 fine.

There are alternative sentences. There is always hope.  You don't have to face harsh consequences such as significant jail-time and loss of license. The judge can suspend half of the fine if you undergo an alcohol or drug treatment program approved by the court. If you go to voluntary in patient treatment, that can be in lieu of time in jail.  If you joint a court-supervised DUI Court Program, you can

Other mandatory requirements are 30 days (240 hours) community service, DUI school, 12 months probation less any time served in jail, a clinical evaluation and any recommended substance abuse treatment.  The court can mandate treatment as a part of the sentence and will likely do it.  So, submitting to it before court will show you took the case seriously and that you have taken your recovery seriously. This can only help with any sentence you could receive.

If this is a 3rd DUI conviction within 5 years, you will also be subject to a $25.00 fee to publish a notice of your conviction and your photograph in your county newspaper. You will also be required to surrender the license plates to any vehicle registered in your name. You will also be required to install an ignition interlock device in each of your vehicles for a minimum period of 6 months.

Further, you will be declared a habitual violator.  Any person declared a habitual violator in Georgia must forfeit their vehicle to the state, but you can petition the judge to transfer the title to another family member if the forfeiture would cause your family financial hardship.

Your license will be revoked for a 5 year period if you are a habitual violator. You will be given credit for any administrative suspension time incurred if you are 21 or older.  After 2 years, you can apply for a probationary license to use for the remaining 3 year revocation period that may have restrictions as to the places, routes, and times you are allowed to travel.

If you violate the terms of your probationary license, it will be revoked and you cannot reapply for a regular driver’s license until the original 5 year revocation period has ended or for 2 years – whichever period is greater.  If you are convicted of any suspendable offense during the revocation period, you will be guilty of a felony and punished by a minimum fine of $1,000.00 and 12 months in jail.

If you are charged with a third Georgia DUI you have options and choices.  There is hope.  Our office is devoted to defending people charged with DUI.  Our office is devoted to protecting the rights of drivers in Georgia and those who have visited Georgia and while here are charged with DUI.  Contact our office 24 hours a day, 7 days a week (including nights and weekends).