What Happens When You Get a 2nd DUI in Georgia
Georgia has steep penalties for 2nd DUIs, but the right legal team can improve your odds of avoiding jail time.
Written by Max Werner
Reviewed by Kathleen Flear
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, and a substance abuse treatment program. Temporary license suspension is a strong possibility.
Drunk driving is no joke in the Peach State—nor should it be. This no-nonsense policy is reflected in the penalties for a second offense. Score a 2nd DUI in Georgia, and punishments range from jail time to mandatory clinical evaluations. Received four DUIs? That’s a felony.
If you’re faced with a DUI charge, it’s essential to know what you’re up against and the possible consequences. That’s why
Jerry
, the driving expert and car insurance
comparison app, has created a full guide to 2nd DUIs in Georgia. We’ll outline the ins and outs of your situation and answer the most frequently asked questions. Plus, we'll fill you in on how to save on
Georgia car insurance costs
despite having a spotty driving record. Let’s take a closer look.What is a 2nd offense DUI in Georgia?
- What constitutes a DUI in Georgia?
To answer the last question, 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, a 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 a DUI 10 or more years after your last DUI, you will not be charged with 2nd-DUI penalties.
Arrested within 10 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).
Key Takeaway You can be charged with a 2nd DUI if you’ve had a DUI in the past 10 years in (or out of) Georgia.
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What is the punishment for a 2nd DUI in Georgia?
Punishments for 2nd DUI in Georgia vary based on the level of intoxication, hazard, and verdict. The administrative penalties are imposed by the DMV and affect your
driver's license points
. Criminal penalties, however, refer to punishment assigned by a court.Criminal penalties are most affected by a 2nd DUI charge—but administrative penalties play a role too. Upon a 2nd DUI arrest, the DMV will immediately revoke your license for up to 18 months. Refusing to take a breathalyzer test will increase the suspension term.
You can have your
driver's license reinstated
(after the suspension term) for a $210 reinstatement fee. Here are the criminal charges for 2nd 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.
Additional charges will, of course, increase the severity of your punishments. Charged with reckless driving along with a 2nd DUI? You’ll likely see harsher penalties for both.
Still, 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 2nd DUI charge in Georgia:
- BAC that is twice the legal limit (i.e. 0.15% or above)
- Refusal to submit to BAC test
- 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 much does a 2nd DUI in Georgia cost in the long run?
The basic penalties aren’t the only costs you’ll face after a 2nd DUI charge. In Georgia, DUIs stay on your record forever and come with a range of financial consequences—but that’s not all.
If charged for a severe offense, you’ll have to attend mandatory clinics, visit substance abuse programs, and rack up community service hours—all of which come out of your pocket. Want your license back? You’ll need to pay for DUI school license reinstatement.
Considering long- and short-term consequences, your 2nd DUI could cost over $10,000!
Skeptical about that number? Let’s dive in.
Fees, penalty assessments, and Clinical check-ins
Base fines for 2nd DUI in Georgia can go up to $1,000—but that's just what’s on the ticket. You’ll need 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. While fee cost ranges based on the county, expect around $1,800 for fees alone.
Alternative transportation
While waiting on license eligibility to be reinstated, you’ll need to get around somehow!
If you cannot get rides from friends or family, ride services and taxis might be your best option (in areas without abundant public transportation). Ride services are expensive, though, so biking or rideshares may be your best bet if you need to travel for work.
Increased car insurance costs
Car insurance, of course, will take a major hit after a 2nd DUI offense. On average, insurance rates rise by 80% after a DUI. So, if the state average for (liability) insurance in Georgia is $2,966, you’ll pay around $5,338 for basic coverage.
Take insurance and additional fees into account, and your $1,000 ticket is now $8,188—not including transportation. This is just a low-ball estimate. Your actual cost can be larger depending on the severity of the offense.
MORE: The traffic tickets that have the greatest effect on your car insurance rates
How to avoid jail time for a 2nd DUI in Georgia
Up against a 2nd 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 a requirement for DUIs in Georgia, an attorney can fight these specific punishments. In many cases, drivers will have their jail time waived or substituted with community service.
Having your DUI charge reduced to reckless driving is a tempting option—but it’s not very likely. The pros of reckless driving include no trial, just 4 points off your license, and no mandatory minimum punishments. However, a reckless driving charge can open the possibility of probation and won’t be removed from your criminal record.
MORE: Georgia reckless driving
How to find affordable car insurance in Georgia after a 2nd DUI
First things first, you cannot get your license without filing an
SR-22 in Georgia
. This document proves to the Department of Driver Services that you fulfill Georgia minimum insurance requirements—but your car insurance
still won’t be cheap.As a “high-risk” driver, insurance companies will hike up your insurance price, disqualify you from discounts, and put a red mark on your record—punishments that only get worse with multiple offenses. That’s why you need an
app you can trust
on your side—an experienced insurance broker like Jerry
. Jerry doesn’t judge your past convictions. We just find great rates for the future. By giving you access to plans from top providers, we help you find the ultimate personalized insurance policy fast. No spam calls, no stacks of paperwork, just savings.
“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 toJerryand their amazing customer service helped me get the lowest insurance rate.” —Christina H.
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Is a 2nd DUI a felony in Georgia?
No. A 2nd DUI is considered a misdemeanor in Georgia. A 4th DUI charge is considered a felony.
Is jail time mandatory for 2nd DUI in California?
Georgia requires a minimum of 48 hours of jail time for 2nd DUI. This sentence increases based on the severity of the offense. A good legal team can substitute jail time for house arrest, substance abuse programs, or community service in the right scenario.
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