A second DUI in Georgia
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72 hours you will actually serve. The pattern repeats with harder numbers: 90 days to twelve months, most of which the judge may probate, but not fewer than 72 hours in custody. Georgia measures the ten-year window from arrest dates rather than conviction dates, which moves the boundary for anyone whose first case took a long time to resolve.
Written any number of ways — a 2nd DUI, a DUI 2nd, a 2nd offense DUI, or a second DUI in GA — and the paperwork will use none of them. Georgia charges it under a section number, and that is what decides the range below.
Grade. Misdemeanor
Confinement. 90 days to 12 months, with at least 72 hours served
Fine. $600 to $1,000
Georgia Code § 40-6-391 · O.C.G.A. § 40-6-391(c)(2) · checked 2026-09-04
What turns this DUI into something worse
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| When the ten-year window is measured from | Arrest dates, not conviction dates | Every counting provision in the section measures from the dates of previous arrests that led to convictions or nolo pleas, to the date of the current arrest. A case that took a year to resolve therefore starts its clock a year earlier than most people assume — sometimes helpfully. Georgia Code § 40-6-391 · O.C.G.A. § 40-6-391(c) · checked 2026-09-04 |
The device is a separate track
Georgia routes you through a limited driving permit rather than a flat suspension. For a second DUI within five years the interlock permit requires three things before it is issued: proof the device is already installed on every vehicle you will drive, a certificate from a DUI risk reduction program, and authorization from the court that handled the charge.
In Georgia the interlock term runs Interlock permit and is administered by Georgia Department of Driver Services, with court authorization for repeat offenses — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: Georgia Department of Driver Services, with court authorization for repeat offenses
Georgia DUI questions
Is there a 2nd DUI in Georgia with no jail time?
The pattern repeats with harder numbers: 90 days to twelve months, most of which the judge may probate, but not fewer than 72 hours in custody. Georgia measures the ten-year window from arrest dates rather than conviction dates, which moves the boundary for anyone whose first case took a long time to resolve.
How likely is jail time for a second DUI in GA?
Start from what the statute forces and what it leaves to the judge. The floor here is 90 days to 12 months, with at least 72 hours served, and it moves on the facts: when the ten-year window is measured from means arrest dates, not conviction dates. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.
What is the punishment range for a 2nd DUI in Georgia?
Misdemeanor: 90 days to 12 months, with at least 72 hours served, and a fine of $600 to $1,000. The range is set by O.C.G.A. § 40-6-391(c)(2), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Georgia?
When the ten-year window is measured from — arrest dates, not conviction dates.
Does an interlock come with it in Georgia?
Georgia routes you through a limited driving permit rather than a flat suspension. For a second DUI within five years the interlock permit requires three things before it is issued: proof the device is already installed on every vehicle you will drive, a certificate from a DUI risk reduction program, and authorization from the court that handled the charge. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Georgia Department of Driver Services, with court authorization for repeat offenses.
Other steps in Georgia: first offense penalties and when it becomes a felony penalties.
All Georgia DUI rules →Penalties across the states →Georgia DUI lawyers →Getting the license back →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.