What are the punishments for DUI offenders?

Every year, too many Georgians die in alcohol-related crashes.  The alcohol fatality rates are climbing year after year.  According to the Georgia Highway Safety statistics in 2006, there were 604 highway fatalities associated with drunk driving in Georgia, up from 571 fatalities in 2000.  This equates to roughly one-third of Georgia’s overall fatalities.  With the endorsement of the Georgia Office of Highway Safety, Mothers Against Drunk Driving, and the State District Attorney’s Association the Georgia House and Senate passed House Bill 336.  

Few people realize there’s research that shows people drive drunk 87 times before being caught for one DUI.  The Georgia House and Senate passed House Bill 336 during the 2008 legislative session, creating a felony - DUI charge for drivers who have amassed four or more drunk-driving convictions within ten years.  Due to this new legislation multiple DUI arrests can now lead to felony convictions against Georgia’s most recalcitrant DUI offenders with mandatory felony jail time for violators.

HB336 does not only address felony DUI, it requires first time offenders to undergo drug and alcohol evaluation.  Depending on the outcome of that evaluation it is possible for even first time offenders to be required to participate in court-supervised substance-abuse treatment to decrease the likelihood of recurring offenses.  

The law prior to July 1, 2008 stated that drug and alcohol evaluations were only required for second and subsequent offenses.   

Penalties Overview

Under the provisions of HB 336 on or after July 1, 2008:

First DUI convictions are treated as misdemeanors with the following penalties:

• Fines ranging from $300.00 to $1,000.00
• A period of imprisonment from ten days to twelve months (judge may probate all but 24 hours of jail time)
• A minimum of 40 hours of community service for DUI at .08 BAC or above/ or a minimum of 20 hours of community service for DUI below .08 BAC
• Completion of a DUI Alcohol or Drug Use Risk Reduction Program
• A clinical evaluation and completion of any necessary treatment
• Twelve months of probation, less any jail time served

Second DUI Convictions are treated as misdemeanors with the following penalties:

• Fines ranging from $600.00 to $1,000.00
• A period of imprisonment from 90 days to twelve months (offender must serve 72 hours of actual jail time)
• A minimum of 30 days of community service
• Completion of a DUI Alcohol or Drug Risk Reduction Program
• A clinical evaluation and completion of any necessary treatment
• Twelve months of probation, less any jail time served

Third DUI Convictions are treated as high and aggravated misdemeanors:

• Fines ranging from $1,000.00 to $5,000.00
• Period of imprisonment from 120 days to 12 months (offender must serve 15 days of actual jail time)
• Completion of a DUI Alcohol or Drug Risk Reduction Program
• A clinical evaluation and completion of any necessary treatment
• A minimum of 30 days of community service
• 12 months of probation, less any jail time served

Fourth or subsequent convictions committed within ten years are classed as felonies:

• Fines ranging from $1,000.00 to $5,000.00
• A period of imprisonment from one to five years (offender must serve three months of actual jail time)
• A minimum of 60 days of Community Service
• Completion of a DUI Alcohol or Drug Risk Reduction Program
• A clinical evaluation and completion of any necessary treatment
• Five years of probation, less any jail time served

There are additional penalties that you will wish to discuss with your drunk driving attorney based on whether another individual was injured or killed as a result of a DUI accident.   As you can see punishment for drunk driving has a range of possibilities that depend on a number of factors.  In addition to everything cited above, confiscation of the vehicle and loss of driving privileges also are possible.  Experienced Atlanta DUI attorneys can assist you in ensuring that the most lenient punishments for drunk driving are applied in your case.

If you wish to talk to one of our attorneys about DUI or about any criminal law matter, call to schedule a free consultation with Miller & Brown of Atlanta at 866-416-2403, or complete our quick contact web form.




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