Georgia law, under O.C.G.A. § 40‑6‑391, prohibits operating a vehicle while:

• Under the influence of alcohol, drugs, or inhalants to the point it’s unsafe to drive;
• Having a blood alcohol concentration (BAC) of 0.08% or higher within three hours after driving;
• Having any detectable amount of marijuana or other controlled substances in the blood or urine, regardless of alcohol presence.

If someone is found guilty of a DUI in Gwinnett Recorders, under O.C.G.A. § 40-6-391, their driver’s license will be suspended. This isn’t optional—it’s a required suspension by the Georgia Department of Driver Services. How long the suspension lasts depends on how many DUIs the person has had in the last five years. Here’s how it breaks down:

Offense	Classification	Fines	Jail Time	Additional Requirements
1st DUI	Misdemeanor	$300 – $1,000	10 days – 12 months (min 24 hrs if BAC ≥ 0.08)	At least 40 hours community service, DUI Risk Reduction Program, clinical evaluation, probation.
2nd DUI (within 10 yrs)	Misdemeanor	$600 – $1,000	90 days – 12 months (min 72 hrs)	At least 30 days community service, DUI school, clinical evaluation, probation, possible publication of conviction.
3rd DUI (within 10 yrs)	High and aggravated misdemeanor	$1,000 – $5,000	15 days – 12 months (min 15 days)	At least 30 days community service, DUI school, clinical evaluation, probation, license revocation, declared habitual violator.
4th+ DUI (within 10 yrs)	Felony	$1,000 – $5,000	1 – 5 years	Felony charges, 5-year license revocation, probation for remainder of sentence.

 

If you or a loved one has been charged with DUI in Gwinnett Recorders, don’t face it alone. The experienced legal team at W. Scott Smith, P.C. is here to help. We offer a free consultation to discuss your case and protect your rights.