Additional Penalty for Violation of Code Section 40-6-391

  1. Law
  2. Georgia Code
  3. Courts
  4. Payment and Disposition of Fines and Forfeitures
  5. Compensation to Victims of Violators of Driving Under the Influence Statute
  6. Additional Penalty for Violation of Code Section 40-6-391

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  1. In every case in which any state court; probate court; juvenile court; municipal court, whether known as mayor's, recorder's, or police court; or superior court in this state shall impose a fine, which shall be construed to include costs, for a violation of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, or a violation of an ordinance of a political subdivision of this state which has adopted by reference Code Section 40-6-391 pursuant to Article 14 of Chapter 6 of Title 40, there shall be imposed as an additional penalty a sum equal to the lesser of $26.00 or 11 percent of the original fine.
  2. Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia.

(Code 1981, §15-21-112, enacted by Ga. L. 1992, p. 1836, § 1; Ga. L. 1994, p. 1800, § 8; Ga. L. 2004, p. 709, § 2.)

Editor's notes.

- Ga. L. 2004, p. 709, § 1, not codified by the General Assembly, provides that: "The General Assembly declares that this Act is enacted pursuant to the provisions of Article III, Section VI, Paragraph VI(f) of the Constitution."

Law reviews.

- For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 166 (1994).

JUDICIAL DECISIONS

Fine improperly imposed.

- Since no fine was imposed on the driving under the influence offense that violated O.C.G.A. § 40-6-391, the $100 brain/spinal cord fee imposed under O.C.G.A. §§ 15-21-149 and15-21-150 and the $25 driving under the influence victim surcharge imposed under O.C.G.A. §§ 15-21-110 and15-21-112(a) should not have been imposed under O.C.G.A. §§ 15-21-112 and15-21-149(a) because those fees were contingent upon the imposition of a fine. Johnson v. State, 282 Ga. App. 258, 638 S.E.2d 406 (2006).

Cited in Hannah v. State, 280 Ga. App. 230, 633 S.E.2d 800 (2006).

OPINIONS OF THE ATTORNEY GENERAL

Surcharge is an additional penalty to be added to the fine; no provision is made for assessment when bail or bond is posted. 1996 Op. Att'y Gen. No. U96-8.


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