Third Offense DUI in Georgia

As in most states, getting a third DUI in Georgia is a serious matter. Driving under the influence of alcohol and/or drugs is a serious public hazard and will earn you punishment in the form of both administrative and criminal penalties.

Administrative Penalties

Administrative penalties concern driving privileges and are separate from any criminal penalties and proceedings you may have to deal with. If you get a third DUI in Georgia, your driver's license will be revoked. After your license is taken, you will get a temporary 30 day driving permit. Once the temporary permit expires, your license will be suspended for a minimum of 5 years. However, you may apply for a probationary license after 2 years if you meet the necessary requirements to do so.

Criminal Penalties

If you are convicted of a third DUI offense in less than 10 years under Georgia law, you will have to do the following:

• Pay a fine anywhere between $1,000 and $5,000, though it can be paid in installments
• Serve a prison term of at least 3 months to a year, though you may get probation for part of it
• Perform at least 30 days of community service
• Complete a DUI Alcohol Risk Reduction Program approved by the state's Department of Human Resources
• Have a clinical evaluation

The Lookback Period

The lookback period in Georgia for a DUI offense is 10 years. However, the lookback period for a driver's license suspension is 5 years.

Felony vs. Misdemeanor in Georgia

Getting a third DUI in is a “high and aggravated” misdemeanor under Georgia statutory law, which is more serious than the regular misdemeanor you would get with a first or second conviction.

If you get 4 or more DUI convictions, then you will be guilty of a felony and face more challenges getting your license back after completing your punishment for the most current DUI offense.

Plea Options

You may plead guilty or not guilty, or you may accept a plea bargain for a lesser punishment. Plea options should be discussed with a DUI attorney and considered carefully before you enter your plea with the court. Plea bargains should also be considered carefully, ideally with the guidance of a DUI attorney. The attorney can objectively evaluate your chances at success.

Getting Legal Help

A third DUI offense is a very serious matter. It is in your best interest to retain a licensed Georgia DUI lawyer for the legal proceedings in order to safeguard your rights.