Does a second or third Georgia DUI mean jail time?

| May 19, 2021 | Criminal defense |

A conviction for driving under the influence in Georgia might mean hefty fines, a license suspension and mandatory community service, among other penalties. Depending on circumstances, it may also mean time behind bars. An up to one-year term behind bars is a possibility, rather than an absolute, after a first Georgia drunk driving arrest. However, things change when motorists receive two or more DUI convictions within a specified length of time.

Per the Georgia Governor’s Office of Highway Safety, jail time does become mandatory following a second or subsequent DUI conviction.

Jail time after a second Georgia DUI

When a driver receives another conviction of drunk driving within five years of his or her first, time behind bars becomes mandatory. However, how much time an offender must spend behind bars varies based on the factors and details surrounding the drunk driving arrest. While spending at least 48 hours in jail is mandatory after a second DUI conviction within the same five-year span, drivers may have to spend between 90 days and a full year behind bars, depending on circumstances.

Jail time after a third Georgia DUI

Getting a third Georgia DUI within five years of a second conviction also means mandatory jail time. At a minimum, drivers with three DUIs must spend at least 25 days behind bars. However, they may have to spend much longer there, depending on the details surrounding the violation.

Not every DUI arrest leads to a conviction. Sometimes, issues surrounding probable cause, breath tests and similar factors may result in a DUI case undergoing dismissal.