Understanding Possible DUI Punishment in Atlanta

First conviction:

(A) A fine of not less than $300.00 and not more than $1,000.00;

(B) A period of imprisonment of not fewer than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender’s alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph;

(C) Not fewer than 40 hours of community service;

(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program;

(E) A clinical evaluation and, if recommended as a part of such evaluation, completion of a substance abuse treatment program; and

(F) If the person is sentenced to a period of imprisonment for fewer than 12 months, a period of probation of 12 months less any days during which the person is actually incarcerated.

Second conviction within a ten-year period of time:

(A) A fine of not less than $600.00 and not more than $1,000.00;

(B) A period of imprisonment of not fewer than 90 days and not more than 12 months. The offender shall be required to serve not fewer than 72 hours of actual incarceration;

(C) Not fewer than 30 days of community service;

(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program;

(E) A clinical evaluation and, if recommended as a part of such evaluation, completion of a substance abuse treatment program; and

(F) A period of probation of 12 months less any days during which the person is actually incarcerated.

Third conviction within a ten-year period of time:

(A) A fine of not less than $1,000.00 and not more than $5,000.00;

(B) A mandatory period of imprisonment of not fewer than 120 days and not more than 12 months. The offender shall be required to serve not fewer than 15 days of actual incarceration;

(C) Not fewer than 30 days of community service;

(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program;

(E) A clinical evaluation and, if recommended as a part of such evaluation, completion of a substance abuse treatment program; and

(F) A period of probation of 12 months less any days during which the person is actually incarcerated;

If you would like to discuss your DUI arrest or administrative license suspension with one of our experienced criminal law attorneys please call our offices (404) 586-9848 (Atlanta) or (706) 216-7228 (Dawsonville).