FIRST DUI IN THE LAST TEN YEARS (all arrests after July 1, 2008)

* Fines: $300.00 minimum to $1,000.00 maximum, plus $200-300 in mandatory surcharges And $30-50 per month probation supervision fee; AND

* Jail:  24 hours minimum if BAC is over 0.08 grams%, otherwise 10 days to 12 months.  As of 1997, judges have no discretion but must sentence first offenders registering 0.08% or above to at least 24 hours in jail.  This jail time is mandatory, and most judges will not permit "weekend-only reporting" or other alternatives.  The mandatory portion may not be probated, suspended or deferred; AND

* Community Service:  40 hours mandatory minimum; AND

* DUI School:  Level I Risk Reduction program; AND

* License Suspension:  the Department of Driver Services will suspend the driver's licenses of all first offenders for one year, regardless of whether the offender pleads guilty or nolo contendere; AND

* Ignition Interlock Device:  After a DUI conviction, the court may make the driver buy or rent an ignition interlock device that will not let the driver's car start if alcohol is on the breath.  Installation and maintenance of the device may be made a condition of probation and must be at the driver's expense.

* There is no First Offender Treatment for a DUI conviction.  Georgia law provides that a person can avoid conviction of many criminal offenses (even felonies!) by requesting a sentence under the First Offender Act.  The Act specifically states that no one convicted of a DUI may be sentenced under the First Offender Act.

Additional Penalties for Illegal Drugs

In any case involving illegal drugs, including DUI, a "drug surcharge" of fifty percent (50%) is collected in addition to the fine.  A driver may be accused and convicted of drug possession along with DUI.

Possession of less than an ounce of marijuana is a misdemeanor in Georgia; however, if the amount is more than an ounce, it is a felony. 

Possession of cocaine, crack, methamphetamine, LSD, MDA, steroids, or any other controlled substance, now including "ecstasy" and gamma hydroxybutyric acid (the so-called "date-rape drug") is punishable as a felony regardless of the amount.  A driver's license can be suspended for possession of drugs even if the suspect was not driving when arrested and was not convicted of DUI.  College scholarships and other legal benefits are imperiled upon conviction for possession of illegal drugs.

Any person who has been convicted of unlawfully manufacturing, distributing, possessing or using a controlled substance or other controlled substance cannot obtain a gun permit.  "Conviction" includes a plea of nolo contendere and first offender treatment.  The penalties for possession of illegal drugs are as follows:

Marijuana less than an ounce: up to 12 months in jail and up to $1,000.00 fine, 180-day minimum license suspension, with no work permit.  This is a misdemeanor.

Controlled substances other than marijuana, and marijuana more than one ounce: Punishable by 2 to 15 years in jail with intensified penalties for distribution, manufacturing, possession with intent to distribute, subsequent simple possession convictions, or hiring an individual under 17 to manufacture and distribute and trafficking (possession of large quantities of drugs).  Upon the second conviction of possession of a controlled substance or marijuana there is a one-year minimum license suspension.  These crimes are felonies.

Any conviction for possession of drugs requires completion of DUI School in order to gain reinstatement of your driver's license at the end of the suspension period, even where driving was not involved in the arrest.