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When is jail time mandatory after a Georgia DUI?

On Behalf of | Feb 21, 2023 | Drunk Driving

A conviction for driving under the influence in Georgia has the potential to affect many different aspects of your life. Your finances may take a hit after factoring in fees, fines and elevated insurance rates. You may also find it difficult to hold down a job after a DUI due to the license suspension period that follows a DUI offense. However, many people facing DUI charges in Georgia worry most about whether they might have to spend time in jail or prison after a conviction.

Per the Georgia Governor’s Office of Highway Safety, jail time is a possibility, but not a given, after a first-time conviction for DUI. While you may not face any jail time after a first offense, it is at the court’s discretion if it wants you to serve up to a year behind bars for a first-time conviction.

Jail time after a second DUI

If you get a second conviction for drinking and driving within five years of your first one, jail time does become mandatory. In this situation, you must spend at least 48 hours behind bars. However, you may wind up spending somewhere between 90 days and one year in jail for a second drunk driving offense.

Jail time after a third DUI

Receiving a third DUI within five years of your second one also brings with it mandatory jail time. In this scenario, you are looking at spending at least 15 days behind bars. You may have to spend significantly longer there depending on the court’s decision and the details surrounding your DUI arrest.

Whether a DUI charge leads to a conviction depends on many circumstances, including the results of the breath or blood test authorities administered during your traffic stop.