Fourth DUI Penalties

What if I am convicted of a fourth DUI in Georgia? What are the penalties I am facing? 

Suppose you have been arrested for a fourth DUI in Georgia. In that case, it is essential to know that there are mandatory Georgia DUI penalties for DUI convictions under the Georgia Code, which are set forth below. Contact our Georgia DUI lawyers at 404.816.8777, and we will explain these laws to you. The minimum compulsory penalties represent the absolute minimum requirements under Georgia law. Courts in Georgia can sentence you anywhere from the minimum penalty under the Georgia Statute to the maximum penalty allowed by law. For any general misdemeanor, including your 4th  DUI, the maximum penalty could be up to 12 months in jail for each offense charged, or your DUI can be charged as a felony if all four DUIs occurred within ten years. Judges also have the discretion to add special probation conditions not listed below. For most DUI convictions, part or most of the sentence will be served on probation. Additional penalties outside what is listed below may be imposed for DUI cases with other criminal charges, like Vehicular Homicide, Serious Injury by Vehicle, Hit and Run, and Fleeing and Attempting to Elude charges. In our experience, any sentence imposed typically has additional requirements beyond the mandatory minimum penalty. 

Contact Chestney & Sullivan Law Firm today at 404.816.8777. We are available 24 hours a day, 7 days a week, to discuss your case.

Mandatory Georgia DUI penalties for DUI convictions under the Georgia Code

Below are statutory penalties for a fourth DUI within ten years in Georgia. Depending on which court your case is pending in, the particular fact of your case, and your criminal history, it is possible that a judge will not give the statutory minimum penalties and could increase punishment, depending upon the facts of your case.  An experienced DUI lawyer will be better positioned to advise you on what a particular judge may do if you are convicted of a DUI.

PENALTIES FOR A FOURTH OR SUBSEQUENT CONVICTION WITHIN TEN YEARS FOR A GEORGIA DUI:

(measured from the dates of previous arrests for which DUI convictions were obtained to the date of the current arrest for which a DUI conviction is obtained)

• • Felony if all four or more DUI arrests resulting in DUI convictions occur after July 1, 2008. Jail time: 1- 5 years in jail, of which the judge can probate all but 90 days;
  • Probation: 5 years of probation minus any jail time served;
  • Fine: $1000 – $5000 plus statutorily mandated surcharges, assessments, and probation supervision fees;
  • Community Service: 60 days (480 – 500 hours)(can be suspended by the judge if incarceration is for 3 or more years);
  • Misdemeanor (High and Aggravated) only if NOT all four or more DUI arrests resulting in DUI convictions occur after July 1, 2008. Jail time: 120 days – 12 months in jail, of which the judge can waive or suspend all but 15 days;
  • Probation: 12 months of probation minus any jail time served (by law, this probationary period cannot be shortened);
  • Fine: $1000 – $5000 plus statutorily mandated surcharges, assessments, and probation supervision fees;
  • Community Service: 30 days (240 hours – 250 hours);
  • DUI Alcohol or Drug Use Risk Reduction Program: Must be completed within 120 days of the sentence (List of approved schools at: https://dds.georgia.gov/certified-dui-schools-locations);
  • Clinical evaluation for substance abuse: Required by statute and Georgia DBHDD regulations (judge has no discretion to waive). Must follow and complete any recommended treatment. (List of approved evaluators at: https://dbhddapps.dbhdd.ga.gov/MOPAS/ProviderSearch/SearchDUIIPProvider.aspx);
  • License suspension (see license suspension section below);

Additional requirements for drivers convicted for a second or more DUIs within 5 years:

• Photo and Case Disposition Published: published as a legal notice in the county legal organ where the defendant resides or in the county legal organ where the conviction was obtained if the defendant is a nonresident ($25 assessed);
• License Plates Confiscated: all license plates on vehicles registered to the offender are to be surrendered to the court (by court order) and a receipt issued. A license plate will only be reissued after a permit is issued or suspension is over (there is a possible hardship exception for other household members/co-owners of a vehicle);
• Ignition Interlock Device installed (see below);
• Declared a Habitual Violator (for a third in five-year conviction measured from the dates of previous arrests for which DUI convictions were obtained to the date of the current arrest for which a DUI conviction is obtained);
• Possible Seizure and Forfeiture of Motor Vehicle: If already declared a Habitual Violator for three prior DUI convictions and arrested and convicted for a new DUI.

License Suspension For DUI ALCOHOL Convictions in Georgia

NOTE: Georgia Department of Driver Services (DDS) has new documentation requirements for getting an I.D., license, or permit. Also, DDS is now allowing payment of reinstatement fees online. Please visit https://dds.georgia.gov/secure-id-faqs to find out what documents you will need to bring with you to DDS.

Listed below are license suspension penalties for Georgia drivers, including CDL or other classes of Georgia licenses for DUI alcohol offenses in Georgia. Additional or harsher penalties may apply to CDL or different courses of Georgia licenses not listed below. Additional or harsher suspensions may be imposed due to other criminal charges associated with the DUI case. Different suspension penalties may also be imposed due to a DUI Drug conviction under OCGA §40-5-63, §40-5-75; §40-5-76 (permit for Drug Court participants), and any judgment resulting from a Georgia administrative license suspension action. Out-of-state drivers are NOT ELIGIBLE for a limited permit in Georgia unless they obtain a valid Georgia license before sentencing. Out-of-state licensees may also face penalties not only from Georgia but from the licensee’s home state as a result of a Georgia conviction for DUI or an administrative license suspension action – even if the out-of-state driver obtains a Georgia driver’s license before sentencing.

License Suspension (first DUI conviction within 5 years in Georgia):

• 21 & over drivers: 

  12 months suspension, possible immediate limited permit for Georgia licensees, and likely early license reinstatement after 120 days upon completion of DUI Alcohol or Drug Use Risk Reduction Program and payment of reinstatement fee ($200 by mail/internet, $210 in person);

• Under 21 drivers with an alcohol concentration of .08 or more: 

  12 months suspension with no limited permit, completion of DUI Alcohol or Drug Use Risk Reduction Program, and payment of restoration fee ($200 by mail/internet, $210 in person);

• Under 21 drivers with alcohol concentration under .08 or “refusal”: 

  6 months suspension with no limited permit, completion of DUI Alcohol or Drug Use Risk Reduction Program, and payment of restoration fee ($200 by mail/internet, $210 in person);

• Additional penalties for under 16 drivers: 

  Not eligible for a license until age 17. Driver must submit proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court and payment of a reinstatement fee ($200 by mail/internet, $210 in person) to the Department of Driver Services;

• 21 & over Drivers: second DUI conviction in 10 years (first in 5) suspension:

  12 months suspension, possible immediate limited permit for Georgia licensees and possible early license reinstatement after 120 days upon completion of DUI Alcohol or Drug Use Risk Reduction Program, required clinical evaluation for substance abuse and completion of any recommended treatment program, and payment of restoration fee ($200 by mail/internet, $210 in person);

  • Restrictions of Limited Permit: (for Georgia licensees who qualify) Going to their place of employment;
  • Receiving scheduled medical care or obtaining prescription drugs;
  • Attending a college or school at which they are regularly enrolled as a student;
  • Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or drugs, which organizations are recognized by the commissioner;
  • Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver’s license by the (DDS) commissioner;
  • Attending court, reporting to a probation office or officer, performing community service, or
  • Transporting an immediate family member who does not hold a valid driver’s license for work, medical care, or prescriptions or to school.

License Suspension (second DUI conviction within 5 years in Georgia)

(measured from the dates of previous arrests for which DUI convictions were obtained to the date of the current arrest for which a DUI conviction is obtained)

• All drivers (including under 21 drivers): 

  License suspension for 3 years, with no limited permit for at least 120 days for Georgia licensees. Reinstatement after 18 months if ignition interlock installation requirements are met or the court issues an order waiving the Ignition Interlock requirement, successful completion of a clinical evaluation and treatment program – if treatment is recommended completion of a DUI Risk Reduction Program, and payment of restoration fee ($300 by mail/internet, $310 in person). If a court issues an order waiving the Ignition Interlock requirement, Georgia licensees are NOT eligible for a limited permit for the first 12 months of the suspension, after which he/she would be eligible for issuance of a limited driving permit without the interlock restriction for the balance of the suspension;

• Georgia licensees: 

  Georgia licensees may apply for an Ignition Interlock Device permit after 120 days of hard suspension through the Georgia Department of Driver Services, provided proof is shown that the driver completed a DUI Risk Reduction Program, completed a clinical evaluation, and is enrolled in a substance abuse treatment program approved by the Georgia Department of Human Services or is enrolled in a DUI/drug court program, and installed an ignition interlock device in any vehicle that he or she may be operating. List of Approved Interlock Service Providers: https://online.dds.ga.gov/ddsgeorgiagov/locations/interlock.aspx;

• Clinical Evaluation: 

  You are required to undergo a clinical evaluation and complete a substance abuse treatment program, if recommended, to be eligible for license reinstatement after the statutory minimum suspension period https://gaduiintervention.dbhdd.ga.gov/ProviderSearch/SearchDUIIPProvider.aspx;

• DUI Risk Reduction Program: 

  Completion of a DUI Risk Reduction program is mandatory to be eligible for a limited permit for a Georgia licensee after a minimum 120-day license suspension period and for reinstatement of Georgia license (List of approved schools: https://dds.georgia.gov/certified-dui-schools-locations);

• Ignition Interlock Device: required to be installed for eligibility for a limited permit for Georgia licensees after 120 days;
• Ignition Interlock Device Permit: The Ignition Interlock Device permit may be available under the following conditions:

1. 1. Application for a permit no sooner than serving 120 days of the suspension required from the DUI conviction;
   2. Must either provide a certificate of eligibility from a DUI/Drug Court program in the court where convicted or proof of enrollment in a minimum 120-day clinical treatment approved by the state;
   3. The DUI Risk Reduction program must be completed by the time of application for an Ignition Interlock permit;
   4. The Sentencing Court must approve the permit (if not approved, no permit);
2. Ignition Interlock Permit is required for the following based on the incident date:

• • • Incident date: July 1, 2001, to December 31, 2012 – 6-month interlock requirement.
    • Incident date: January 1, 2013, to June 30, 2013 – 8-month interlock requirement.
    • Incident date: July 1, 2013, or after – 12-month interlock requirement.
• If successful monitoring for the applicable above period, then the ignition interlock device may be removed, and the permit may be renewed for additional periods of two-month increments;

1. 1. An ignition Interlock Device permit is NOT available during an administrative suspension arising from a refusal to submit to the state’s chemical test or a second in five-year per se administrative suspension.

Restrictions of Ignition Interlock Device Permit

Restricted to drive solely for the following purposes:

1. Going to their place of employment or performing the regular duties of their occupation;
2. Attending a college or school at which they are regularly enrolled as a student;
3. Driving to regularly scheduled sessions or meetings of treatment support organizations for persons who have an addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the (DDS) commissioner;
4. Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his driver’s license or by the commissioner;
5. Appearing in court, reporting to community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation office, reporting to a community supervision officer, county or Department of Juvenile Justice probation officer, or probation officer serving under Article 6 of Chapter 8 of Title 42, or performing community service;
6. Transporting an immediate family member who does not hold a valid driver’s license for work, to obtain medical care or prescriptions, or to school;
7. Going for monthly monitoring visits with the permit holder’s ignition interlock device service provider and
8. Such other restrictions as the department (DDS) may require;
9. The permit is valid for the prescribed period above. If successful monitoring for the specified period, the permit may be renewed without ignition interlock under general DUI limited permit conditions;
10. Cost of permit: $25 (renewal of the license is $5);
11. List of Approved Ignition Interlock Service Providers:    (https://online.dds.ga.gov/ddsgeorgiagov/locations/interlock.aspx)
12. Ignition interlocks MUST be installed in Georgia.

Ignition Interlock waiver eligibility:

A trial court can waive the ignition interlock requirement if the court determines that it would impose a financial hardship on the driver. If the driver opts to waive the ignition interlock requirement, the driver is not eligible for a 6-month permit until after the first year of the suspension.

License Revocation for a Georgia DUI conviction (third offense within 5 years)

(measured from the dates of previous arrests for which DUI convictions were obtained to the date of the current arrest for which a DUI conviction is obtained)

• Declared a habitual violator
• All drivers: 5-year suspension, with no limited permit for Georgia licensees for at least 24 months;
• Possible probationary license for Georgia licensees after 24 months if:
  • No prior convictions or pleaded nolo contendere to a charge of violating Title 3 of the Georgia Code relating to alcoholic beverages or to a charge of violating any provision of Chapter 13 of Title 16 of the Georgia Code about controlled substances that are reported on the driver’s Georgia driver’s history;
  • No convictions for traffic offenses in 2 years immediately preceding application for a permit;
  • Had no convictions for traffic offenses that resulted in serious injury or death of any individual;
  • completed a DUI Alcohol or Drug Use Risk Reduction program before the issuance of a permit;
  • Provide an affidavit to DDS that such person does not excessively use alcoholic beverages and does not illegally use controlled substances or marijuana (DDS typically requires completion of an approved substance abuse treatment program);
  • Provide proof of financial responsibility (liability insurance);
  • Payment of $210 ($200 by mail/internet) to DDS to process permit application;
  • An ignition interlock device must be installed for a minimum of 8 months immediately following the issuance of the probationary license;
• At the end of the 5-year revocation period, if all conditions are met, a driver may apply to reinstate their driving privileges by submitting a payment of $410 ($400 by mail/internet) and proof of completion of a DUI Risk Reduction program. The department may also investigate whether granting the privilege of driving a motor vehicle on public highways is safe.
• If a defendant is a multi-DUI offender and enters a DUI Court program, the defendant may be eligible for a limited permit to participate in the DUI Court program.  This permit is an exception to the license suspension requirements typically found in DUI convictions. A permit is not available if a Defendant is declared a Habitual Violator.

Contact our experienced Georgia DUI lawyers today:

Our experienced Georgia DUI lawyers can discuss defenses as well as possible penalties if you are convicted of a DUI. Call us today at 404.816.8777.