An impaired driving arrest can create questions about incarceration, employment and family duties. That uncertainty often grows when a person has no prior criminal record.
If you were arrested for drunk driving, learning the possible sentence can help you prepare for court. It may also show why the accusation requires serious attention.
A first conviction carries several penalties
You may spend time in jail if the court finds you guilty of a first DUI offense. In Georgia, the law generally authorizes 10 days to 12 months of incarceration for a first conviction. However, the judge may suspend, stay or probate that term, subject to the mandatory 24-hour requirement in qualifying cases. Post-arrest custody often satisfies that period. The court also frequently suspends or probates most of the remaining term.
Confinement is only one consequence the court may impose. Other penalties and requirements include:
- A fine: The amount ranges from $300 to $1,000. Mandatory surcharges generally increase the total.
- Probation: The judge generally orders 12 months, reduced by the days you spend in jail.
- Community service: You must complete at least 40 hours. A 20-hour minimum may apply to a driver under age 21 whose BAC was below 0.08%.
- DUI school: You must finish an approved alcohol or drug use risk reduction program.
- An evaluation: The sentence generally includes a clinical evaluation, although the judge may waive it. You must complete treatment if the assessment recommends that care.
A conviction can also affect your driving privileges. For a driver age 21 or older, the Department of Driver Services (DDS) generally imposes a 12-month suspension for a first DUI within five years. You may apply for reinstatement after 120 days if you complete an approved program and meet the remaining conditions.
The outcome often depends on the evidence
A DUI arrest often begins a legal proceeding, not a final determination of guilt. Prosecutors must still establish every statutory element of the offense. The defense may challenge the traffic stop, testing procedures or other evidence.
Since these evidentiary disputes can affect the charge, legal guidance is important before entering a plea. An attorney may explain court obligations, assess the prosecution’s case and identify defenses supported by the facts.