Georgia DUI Penalties: First, Second, and Third Offense
Georgia punishes a DUI more harshly every time it happens. A first DUI is a misdemeanor with a mandatory minimum of 24 hours in jail; a fourth DUI within ten years is a felony that can send you to prison. Below is what the law (OCGA 40-6-391) actually requires at each offense level — jail, fines, license suspension, and the conditions a judge will attach. The counts are based on prior DUI convictions within a 10-year window, measured by arrest dates.
The penalties below are the statutory framework. A judge has discretion to suspend or probate part of a sentence, and the facts of your case change what actually happens — which is exactly why mounting a defense matters.
First-Offense DUI Penalties in Georgia
A first DUI within ten years is a misdemeanor. The court can impose:
- Jail: up to 12 months, with a mandatory minimum of 24 hours (a judge may probate the balance)
- Fine: $300 to $1,000, plus state surcharges that push the real total higher
- Probation: 12 months, less any time served in jail
- Community service: at least 40 hours
- DUI school: the Risk Reduction Program, plus a clinical evaluation
- License suspension: up to 12 months, though a limited driving permit is usually available and early reinstatement is possible after DUI school
First offenses are also the most defensible. See the full breakdown on the first-offense DUI page.
Second-Offense DUI Penalties in Georgia
A second DUI within ten years is still a misdemeanor, but the mandatory penalties climb sharply:
- Jail: up to 12 months, with a mandatory minimum of 72 hours
- Fine: $600 to $1,000, plus surcharges
- Community service: a minimum of 30 days
- License suspension: 3 years, with an ignition interlock requirement; a limited permit may be possible after 120 days
- Clinical evaluation and treatment as recommended
- Publication: your name, photo, and address are published in the local newspaper at your expense
More on repeat charges on the types of DUI charges in Georgia page.
Third-Offense DUI Penalties in Georgia
A third DUI within ten years is a High and Aggravated Misdemeanor — the most serious misdemeanor classification — and you earn no "good-time" credit against the jail term:
- Jail: up to 12 months, with a mandatory minimum of 15 days
- Fine: $1,000 to $5,000, plus surcharges
- Community service: a minimum of 30 days
- License: a 5-year revocation, and you are declared a Habitual Violator
- Ignition interlock, newspaper publication, evaluation, and treatment all apply
Fourth DUI: When a Georgia DUI Becomes a Felony
A fourth DUI within ten years crosses the line from misdemeanor to felony:
- Prison: 1 to 5 years (a judge may probate all but 90 days)
- Fine: $1,000 to $5,000, plus surcharges
- Habitual Violator status with a 5-year license revocation
A DUI can also be charged as a felony regardless of priors when it involves a serious injury or a death. If you are facing felony exposure, see the felony DUI attorney page.
The Penalties That Aren’t in the Statute
The fine is only the beginning. A Georgia DUI conviction also brings years of higher insurance premiums, license-reinstatement fees, the cost of DUI school and an interlock device, and lost income from jail and court dates. Our DUI cost guide totals the real number, and the save-your-license guide explains the 30-day deadline to protect your driving privileges. For commercial drivers, even a first DUI threatens the CDL itself.
How Georgia DUI Penalties Get Reduced — or Avoided
None of the penalties above apply unless there is a conviction. A strong defense targets the stop, the field sobriety tests, and the breath or blood test — and when the State’s evidence is weak, a DUI can be reduced to reckless driving, which avoids the mandatory DUI license suspension and DUI school entirely. Start with the DUI defense overview to see how these cases are fought.
Frequently Asked Questions
What are the penalties for a first DUI in Georgia?
A first DUI in Georgia is a misdemeanor punishable by up to 12 months in jail (24 hours mandatory), a $300 to $1,000 fine plus surcharges, at least 40 hours of community service, DUI school, and up to a 12-month license suspension. A limited driving permit is usually available.
How much jail time is there for a second DUI in Georgia?
A second DUI within ten years carries up to 12 months in jail with a mandatory minimum of 72 hours actually served, plus a $600 to $1,000 fine, at least 30 days of community service, and a 3-year license suspension with an ignition interlock.
Is a third DUI a felony in Georgia?
No. A third DUI within ten years is a High and Aggravated Misdemeanor, not a felony — but it carries a mandatory minimum of 15 days in jail, a $1,000 to $5,000 fine, a 5-year license revocation, and Habitual Violator status. A fourth DUI within ten years is a felony.
How much does a DUI cost in Georgia?
Court fines run from $300 to $5,000 depending on the offense, but the real cost is far higher once you add license-reinstatement fees, DUI school, an ignition interlock, and years of increased insurance. See our DUI cost guide for the full total.
Can Georgia DUI penalties be reduced?
Yes. Because every penalty depends on a conviction, a successful challenge to the stop or the chemical test can lead to a dismissal or a reduction to reckless driving, which avoids the mandatory DUI license suspension and DUI school. A former prosecutor knows where a case can be attacked.
Take the Next Step
Which set of penalties you face — and whether you face them at all — depends on the defense you mount now. If you were arrested in Atlanta or anywhere in metro Georgia, do not wait for your court date to get advice.
Call Attorney Richard Blevins at (770) 419-1945 for a free, confidential case evaluation — or use the case evaluation form in the sidebar to send your case details directly.
