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Georgia DUI penalties breakdown: every component, line by line
Our Georgia DUI costs page gives the state overview. This page does the narrower job: each separate component of a Georgia DUI under O.C.G.A. § 40-6-391 — the fine, the jail structure in which most of the sentence is suspended except a mandatory core, the community service, the Risk Reduction Program, and the Department of Driver Services restoration fee — and no added-up total.
The sentence: § 40-6-391(c) sets the fine, the jail core and the service hours together
A first conviction under § 40-6-391(c)(1) is a misdemeanour sentenced as a package: a fine of not less than $300 and not more than $1,000; a period of imprisonment of not less than ten days nor more than twelve months, which the court may suspend, stay or probate except for 24 hours of actual incarceration where the driver's alcohol concentration was 0.08 or more; not fewer than 40 hours of community service; twelve months of probation, less any days of incarceration; a clinical evaluation and completion of any recommended treatment; and completion of a DUI Alcohol or Drug Use Risk Reduction Program. Surcharges prescribed by Georgia law are added to the fine by the court, so the amount collected on the fine line exceeds the $300–$1,000 base — the statute publishes the base, and this page quotes the base.
A second conviction within ten years under § 40-6-391(c)(2) carries a fine of $600 to $1,000, imprisonment of not less than 90 days nor more than twelve months with all but 72 hours available to be suspended, stayed or probated, and not fewer than 30 days of community service, alongside the evaluation and program requirements. A third conviction within ten years under § 40-6-391(c)(3) is a high and aggravated misdemeanour: a fine of $1,000 to $5,000 and imprisonment of not less than 120 days nor more than twelve months, with all but 15 days available to be suspended, stayed or probated. For second and subsequent convictions, § 40-6-391(j) also requires publication of the offender's photograph, name and related details in the county's legal organ, with a $25 publication charge assessed to the offender.
The license: DDS suspension, the 120-day point and the $210 restoration fee
The license consequence of a conviction is imposed by the Department of Driver Services under § 40-5-63: a first conviction suspends the license for twelve months, during which a limited driving permit is available to eligible drivers, and a first offender who completes the Risk Reduction Program may apply for reinstatement once 120 days have run. Reinstatement is priced on the DDS schedule and in § 40-5-75: the restoration fee for a first DUI suspension is $210 in person or $200 when processed by mail, submitted with proof of program completion. A second conviction within five years raises the restoration fee to $310, or $300 by mail, and lengthens the suspension to three years under the same statutory scheme.
The Risk Reduction Program — Georgia's DUI school, a 20-hour intervention course preceded by a needs assessment — is delivered by DDS-certified schools, and the component charges are regulated by DDS rather than set in the DUI statute; this page records the requirement and the restoration fee Georgia does publish, and does not present a school's charge as a statutory fee. A separate administrative suspension can arise from the arrest itself under the implied-consent provisions of § 40-5-67.1 where the driver refused testing or is alleged to have driven over the limit, and that suspension has its own restoration path — see our refusal page. Our DUI classes page and reinstatement page cover the program and restoration layers in full.
| DUI component | Published amount |
|---|---|
| First conviction (§ 40-6-391(c)(1)) | Fine $300–$1,000 plus statutory surcharges; 10 days–12 months imposed with at least 24 hours served at 0.08+; 40 hours community service; 12 months probation |
| Second conviction within 10 years (§ 40-6-391(c)(2)) | Fine $600–$1,000; 90 days–12 months with at least 72 hours served; at least 30 days community service |
| Third conviction within 10 years (§ 40-6-391(c)(3)) | Fine $1,000–$5,000; 120 days–12 months with at least 15 days served |
| Photo publication, second and subsequent (§ 40-6-391(j)) | $25 publication charge assessed to the offender |
| License suspension on conviction (§ 40-5-63) | First: 12 months, limited permit available, reinstatement eligibility after 120 days with program completion |
| DDS restoration fee (§ 40-5-75; DDS schedule) | First DUI: $210 in person / $200 by mail; second within 5 years: $310 / $300 by mail |
| Risk Reduction Program (§ 40-6-391(c)) | 20-hour DDS-certified program plus assessment — required for reinstatement; charges regulated by DDS, set by the certified school |
| Clinical evaluation (§ 40-6-391(c)) | Required; recommended treatment must be completed — priced by the approved evaluator/provider |
Sources: O.C.G.A. §§ 40-6-391, 40-5-63, 40-5-67.1, 40-5-75; Georgia Department of Driver Services reinstatement-fee schedule. Last verified: October 2026.
The fine is one line in a longer stack — court costs, program fees, interlock, supervision and reinstatement all bill separately. Price the layers that apply to your case in the calculator.
Open the DUI cost calculatorWhat this state does not publish as a single figure
Georgia surcharges illustrate why this page never totals the fine: the base fine is set by § 40-6-391, but state and county surcharges and probation supervision charges are calculated on top of it under other provisions and stated in the sentence, so the collected amount is a courtroom figure, not a published one. Probation supervision is commonly charged monthly by the supervising provider; the statute sets the probation term, not a statewide monthly rate, and no rate is quoted here.
There is also no published Georgia figure for what a DUI does to the price of insuring a car, and no statewide price for the clinical evaluation or for treatment a court orders after it. Those are provider charges. What Georgia does publish — the fine ranges, the service hours, the suspension periods and the DDS restoration fees — is what the table above prices.
Common questions
- Does a first offender really serve only 24 hours?
- The court imposes ten days to twelve months, but § 40-6-391(c)(1) allows all except 24 hours to be suspended, stayed or probated where the concentration was 0.08 or more; the rest of the sentence is typically served as twelve months of probation.
- What does DDS charge to restore the license?
- $210 in person or $200 by mail for a first DUI suspension, with proof of Risk Reduction Program completion; a second conviction within five years costs $310 or $300 by mail.
- What is the $25 publication charge?
- On a second or subsequent conviction, § 40-6-391(j) requires publication of the offender's photograph and details in the county newspaper and assesses the $25 publication cost to the offender.
Related cost guides: Georgia DUI costs overview, DUI classes and program fees, license reinstatement fees, probation and supervision fees.
Sources: O.C.G.A. §§ 40-6-391, 40-5-63, 40-5-67.1, 40-5-75; Georgia Department of Driver Services reinstatement-fee schedule. Last verified: October 2026. This page is educational information about costs only — not legal advice. Laws and fees change; confirm current figures with your court and your state's driver-licensing agency.