More Than 93.1% of Our DUI Cases Have Resulted in No Conviction Over the Past 13 Years
More than 15 years of experience challenging the Supreme Court in DUI cases.
DUI Penalties
in Georgia
Tirelessly Protecting Your Constitutional Rights in Georgia
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Greg Willis has been successful at defending DUI cases (over 93.1% without a conviction)
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"Attorney Greg Willis is someone I am truly thankful to have had in my corner during one of my most stressful times. He goes above and beyond and has your best interest at heart. I couldn’t recommend him more to anyone in need of someone to represent them as they deal with a DUI."
- Juan Castilla
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Atlanta Criminal Trial Attorney Greg Willis Testifying in front of the Georgia House of Representatives
What Could Happen to Your License After a DUI Arrest?
Learn What the Consequences Might Be
DUI Penalties in Georgia
A DUI conviction in Georgia is a criminal conviction — not a traffic ticket. The consequences are immediate, severe, and long-lasting. Understanding what you face is the first step toward building a defense that avoids them.
First DUI in Georgia (Misdemeanor)
- Jail: Minimum 24 hours, up to 12 months (balance typically on probation)
- Fine: $300–$1,000 plus mandatory state and county surcharges (effective total often $1,000+)
- Probation: Up to 12 months
- Community Service: Minimum 40 hours
- DUI School: Mandatory DUI Alcohol or Drug Use Risk Reduction Program
- Clinical Evaluation: Required; treatment if recommended
- License Suspension: 120-day administrative suspension; limited driving permit available after 30 days upon enrollment in DUI school
- Ignition Interlock: May be required as condition of limited permit
- Victim Impact Panel attendance required
Second DUI in Georgia (Within 10 Years of First)
- Jail: Minimum 72 hours, up to 12 months
- Fine: $600–$1,000 plus surcharges
- Probation: Up to 12 months
- Community Service: Minimum 30 days
- License Suspension: 3 years; limited permit available after 120 days
- Ignition Interlock: Required for 12 months after reinstatement
- Vehicle may be subject to seizure
Third DUI in Georgia (Within 10 Years — High and Aggravated Misdemeanor)
- Jail: Minimum 15 days, up to 12 months
- Fine: $1,000–$5,000 plus surcharges
- 5-year license suspension
- Name and photo published in local newspaper at your expense
- Vehicle registration cancelled
- Ignition interlock for 5 years after reinstatement
Felony DUI in Georgia
A DUI becomes a felony in Georgia when: (1) it is a fourth DUI within 10 years; (2) it involves a fatality (vehicular homicide); (3) it involves serious injury to another person (serious injury by vehicle); or (4) there is DUI Child Endangerment.
- Prison: 1–5 years for fourth DUI; up to 15 years for vehicular homicide
- Permanent license revocation possible
- Felony record — permanent, and generally not eligible for expungement in Georgia
Non-Conviction Outcomes Willis Law Firm Pursues
Our goal on every case is to avoid conviction entirely. Common favorable outcomes include: outright dismissal, reduction to reckless driving (O.C.G.A. § 40-6-390 — a traffic offense, not a criminal DUI conviction), not guilty verdict at trial, or case transferred to Fulton County Drug Court or Mental Health Court where applicable. A reckless driving plea means no DUI conviction, no mandatory DUI school (unless required separately), significantly lower insurance impact, and no DUI on your criminal record. It is often the optimal outcome and the one we work hardest to achieve.
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DUI Penalties FAQs
A first DUI conviction in Georgia can result in 24 hours to 12 months in jail, fines from $300 to $1,000, a 12-month license suspension, a minimum of 40 hours of community service, up to 12 months of probation, and mandatory completion of a DUI Risk Reduction Program. A $210 reinstatement fee applies when seeking license reinstatement after the suspension period.
A second DUI within ten years results in a mandatory minimum of 72 hours in jail, fines from $600 to $1,000, a three-year license suspension, a minimum of 30 days of community service, mandatory clinical evaluation and treatment, required ignition interlock device upon reinstatement, and publication of name, photo, and address in the local newspaper at your expense.
A third DUI within ten years carries a mandatory minimum of 15 days in jail, fines from $1,000 to $5,000, a five-year license suspension, at least 30 days of community service, mandatory treatment, ignition interlock requirement, habitual violator designation, and publication of name, photo, and address in the local newspaper at your expense.
A fourth DUI conviction within ten years is charged as a felony in Georgia, carrying one to five years in state prison, fines from $1,000 to $5,000, a minimum of 60 days of community service, and long-term license revocation.
The maximum fine for a first DUI in Georgia is $1,000. Second offense maximums are also $1,000. Third and subsequent offenses carry fines up to $5,000, not including court costs, surcharges, and other related expenses.
A first DUI conviction can result in a 12-month license suspension. A second conviction within ten years results in a three-year suspension. A third conviction results in a five-year suspension. Refusing a chemical test triggers a separate one-year administrative suspension regardless of the outcome of the criminal case.
Possibly. For a first offense BAC-over-the-limit suspension, you may be eligible for a limited driving permit after 120 days upon completing DUI school and paying reinstatement fees. Refusal suspensions are generally hard suspensions with no permit available for a first refusal. An experienced DUI attorney can advise you on your specific eligibility.
There is a 24-hour mandatory minimum jail sentence for a first DUI conviction in Georgia if the driver’s BAC was .08% or higher. This minimum is often served through time already spent in custody at the time of arrest. Beyond the mandatory minimum, whether additional jail time is imposed depends on the specific facts of the case, the court, and the judge.
No. Georgia does not allow expungement of DUI convictions. A conviction is permanent and will appear on background checks indefinitely. However, if your charges are dismissed or nolle prossed and you are not convicted, you may be eligible to petition for record restriction under O.C.G.A. § 35-3-37, which removes the arrest from your public criminal history. This is one of the most compelling reasons to fight a DUI charge aggressively rather than accepting a plea.
A DUI conviction typically results in insurance premiums increasing two to three times your current rate, or outright policy cancellation. You will likely be required to file an SR-22 certificate of financial responsibility with the state, signaling high-risk status to insurers. These elevated rates typically persist for several years following the conviction.
Yes, severely. A first DUI conviction — even if it occurred in a personal vehicle — results in a mandatory one-year CDL disqualification. A second DUI conviction results in a lifetime CDL disqualification. For commercial drivers whose livelihoods depend on their license, fighting a DUI charge aggressively from the start is especially critical.
An ignition interlock device (IID) is a breathalyzer installed in a vehicle that prevents it from starting unless the driver provides a clean breath sample. In Georgia, an IID is required for second and subsequent DUI convictions upon license reinstatement. It may also be required as a condition of a limited driving permit or as an alternative to the administrative license suspension hearing process.
These are just some of the common questions and answers about DUI penalties in Atlanta, Georgia. It’s important to remember that every case is unique, and the exact penalties for a DUI conviction can vary depending on the circumstances of the case. If you have been charged with a DUI in Atlanta, it’s important to seek the advice of a qualified DUI attorney who can help you understand the charges against you and your legal options.
Client Reviews
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If you’re facing legal troubles and want to make sure you’re hiring the best lawyer to fight your case, the Willis Law Firm is the place to call. Their attorneys are extremely knowledgeable and go above and beyond to make sure their clients receive the best outcome possible. The office staff has always been extremely helpful and compassionate through each step of the way. Greg has helped me and my family with a few cases over the years and we’ve always received a great outcome. He and his staff are the best in the field. There’s a reason why other attorneys hire Greg to handle their cases! Highly recommend their services. You won’t be disappointed.






