What Happens When You Get a 2nd DUI in Georgia

Georgia has steep penalties for 2nd DUIs, including jail time, fines, community service, and license suspension.
Written by Claire Beaney
Edited by Amy Bobinger
Convicted of a 2nd DUI in Georgia? If it’s within 10 years of the first offense, you face at least 48 hours in jail, $600 in fines, 30 days of community service, a substance abuse treatment program, and possible license suspension.
  • DUI laws in Georgia
    have harsh penalties if you’re convicted of a second DUI, ranging from driver’s license points and license suspension to jail time, fines, community service, and clinical evaluation.
  • Aggravating factors like a high blood alcohol concentration (BAC), refusal to take a BAC test, or causing accidents that result in injury can result in more severe penalties, potentially escalating to felony charges.
  • A second DUI in Georgia can eventually cost over $10,000 as a result of court fees, substance abuse programs, alternative transportation, and higher
    Georgia car insurance
    rates.
  • DUI convictions in Georgia carry a mandatory jail sentence, but a good lawyer may be able to get that reduced to community service or even dismissed in exchange for a plea to reckless driving instead.

What is the punishment for a second DUI in Georgia?

Punishments for second DUI in Georgia vary based on your level of intoxication at the time of the arrest, whether your driving posed additional hazards, and whether you’re convicted of a felony or misdemeanor. 
Any administrative penalties are imposed by the DMV and affect your
driver's license points
. Criminal penalties refer to punishment assigned by a court.
You’ll face steep criminal penalties if you’re convicted of a second DUI—but administrative penalties play a role too. Upon a second DUI arrest, the DMV will immediately revoke your license for up to 18 months.
You can have your
driver's license reinstated
(after the suspension term) for a $210 reinstatement fee. Here are the criminal charges for a second DUI in Georgia:
  • 48 hours to 90 days in jail
  • $600 to $1,000 in fines (excluding fees and penalty assessments)
  • Minimum of 30 days of community service
  • Mandatory clinical evaluation and/or substance abuse program
  • License suspension for up to 2 years (including the administrative suspension)
The penalties above come at the discretion of your judge. If you’re only up against a DUI charge—and if your BAC was under 0.15%—you’ve got a better shot at lower punishments. With a solid legal team, it’s possible to turn jail time into house arrest, community service, or substance abuse programs. 
A court can grant harsher penalties for a single DUI charge, depending on the circumstances. The following aggravating factors will lead to longer jail sentences and more expensive fines for a second DUI charge in Georgia: 
  • BAC that is twice the legal limit (i.e. 0.15% or above)
  • Refusal to submit to the BAC test
  • Being convicted as a minor
  • Driving with a minor passenger
  • Excessive speed or reckless driving at the time of the arrest
  • Driving a school bus while under the influence
  • Causing accident, injury, or fatality while under the influence
Aggravating factors can change a DUI charge from a misdemeanor to a felony under certain circumstances. Felony charges carry harsher fines—from $1,000 to $5,000
Key Takeaway: Basic penalties for a 2nd DUI charge in Georgia are 48 hours in jail, up $1,000 in fines, and immediate license suspension.

How a second DUI in Georgia can cost you in the long run

The basic penalties aren’t the only costs you’ll face after a second DUI charge.  In Georgia, DUIs stay on your record forever and come with a range of financial consequences—but that’s not all.
When both the short- and long-term consequences are considered, the total cost of a second DUI can easily exceed $10,000.
Skeptical about that number? Let’s dive in. 

Fees, penalty assessments, and clinical check-ins

In Georgia, the base fine for a second DUI can be up to $1,000, but that's just what's written on the ticket. You'll have to pay court fees, administrative fees, assessment fees, and more.
You’ll also need to pay for any DUI classes, clinical check-ins, or substance abuse programs. Depending on the county, fees can cost anywhere from $600 to $1,800.

Alternative transportation

You'll need to find a way to get around until you can get your license back.
If you cannot get rides from friends or family, ride services and taxis may be your only option in areas with limited public transportation. However, ride services are expensive, so biking or ridesharing may be your best bet if you need to travel for work.

Increased car insurance costs 

Expect your
car insurance
rates to skyrocket after a 2nd DUI offense. After a DUI,
insurance rates typically increase
by 80%. So, if the state average for (
liability
) insurance is $2,966, basic coverage will cost around $5,338.
When you factor in insurance and other fees, your $1,000 ticket becomes $8,188—not including transportation. This is only a rough estimate. Depending on the severity of the offense, your actual cost may be higher.

What constitutes a DUI in Georgia?

Georgia has two ways of determining DUIs. 
The first comes if you are driving and the officer concludes you are under the influence of drugs or alcohol via a straight-line test, flashlight test, or something similar. 
The second method, known as a “per se” charge, is a chemical test. Here’s how a breathalyzer is used to determine DUIs in Georgia:
  • You’re 21 or older and have a blood alcohol content (BAC) of 0.08% or higher
  • You’re under 21 or on DUI probation and have a BAC of 0.01% or higher
  • You have a commercial driver’s license and have a BAC of 0.04% or higher
A DUI will stay on your record in Georgia forever. But the “look back” period for DUI offenses stops after 10 years. If you get another DUI ten or more years after your last DUI, you will not be charged with second-DUI penalties.
Arrested within ten years of the first DUI offense? This arrest will count as a second DUI, and you’ll face more severe penalties as a result. The same laws apply if you’re arrested for a DUI in another state (and your primary residence is Georgia).

How to avoid jail time for a 2nd DUI in Georgia

Up against a second DUI charge in Georgia? Here are a few ways to reduce jail time and the cost of a conviction:
  • Hire a defense attorney. This is the best way to reduce penalties. A skilled attorney won’t just fight on your behalf, they’ll explain your options and help you pick the best course of action.
  • Plead guilty to a “wet reckless” charge. Also known as a reckless driving charge, this move can result in lighter penalties if it’s accepted in court.
While jail time is mandatory in Georgia for DUIs, an attorney can fight these specific punishments. In many cases, drivers' jail time will be reduced or replaced with community service.
The advantages of reckless driving include no trial, only four points on your license, and no mandatory minimum penalties. A reckless driving charge, though, may result in probation and will not be removed from your criminal record.
“I recently started looking for insurance. With my past ticket, I got rejected by several companies while others charged me extreme prices. My friend referred me to
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and their amazing customer service helped me get the lowest insurance rate.” —Christina H.
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