Phillip Holloway:
Georgia DUI Laws & Penalties
Driving under the influence of alcohol or drugs (DUI) is a crime in Georgia.
This crime has received a great deal of publicity and
is frequently debated in our society. In response to pressure from
special interest groups, Georgia lawmakers passed very tough new DUI laws that include mandatory jail time. The new DUI laws are tough on drinking drivers. If
you are being charged with DUI, you need a lawyer. Your liberty,
reputation, and privilege to drive is on the line. Remember, sound
legal advice can make a difference in your case
There
are two ways the state can convict someone of DUI. The first way
is to show that a driver had a blood alcohol concentration of 0.08
within three hours of driving or being in control of a vehicle.
The
second way for the state to convict a driver is to show that a
driver is "less safe" to operate a vehicle. Under the "less safe"
provision, all the state must prove is that alcohol and/or other
intoxicants caused the driver to be less safe than he or she would have
otherwise been. A blood alcohol concentration of 0.05
grams or less raises an inference that the driver was not
intoxicated. Even so, the state can still try to convict you by showing
that you were a less safe driver. A reading of 0.05 grams to
0.079 will raise no inference of the driver's intoxication, but the
judge/jury may consider such fact when deciding innocence or guilt.
A
good lawyer can often rebut these statutory inferences,
and can attack the accuracy of the breath or blood test(s).
A successful attach can result in the charges being reduced or
dropped altogether.
PENALTIES FOR DUI
|
First Conviction
Up to $1,000.00 fine
10 Days to 1 Year in Jail
DUI School
40 Hours of Community Service
1 Year Probation
1 Year License Suspension |
Second Conviction
Up to $1,000.00 Fine
90 Days to 1 Year in Jail
DUI School
30 Days of Community Service
Mandatory Alcohol Evaluation and/or Treatment
Up to 1 Year Probation
3 Year Loss of License
Ignition Interlock Device |
|
Third Conviction
Fine up To $5,000.00
120 Days to a Year in Jail
30 Days Community Service
Alcohol Evaluation and/or Treatment
Up to 1 Year Probation
5 Year License Revocation
Ignition Interlock Device |
Fourth Violation
(Habitual Violator)
Fine of $5,000.00
One to Five Years in State Prison |
In
addition to these devere penalties, you could also be affected by a DUI
conviction in other ways. They include having difficulty renting an
automobile, paying high insurance rates, and compromising current or
future job prospects. If you plead guilty to DUI, the Judge has no choice but to sentence you to jail under the new laws 1
Although
the state has multiple ways to convict you, an effective DUI
lawyer has his own arsenal for defending the accused. If you
are charged with DUI it is possible that the state's evidence can be
kept out of your trial, or its credibility disputed before the judge or
jury. An arresting officer's own incident reports from prior
and subsequent arrests can often be used to cast doubt upon his story.
It is a lawyer's job to ensure that your side of the story is told in
court in the most persuasive manner.
1 Jail time is required if you score a .08 or more on your blood, breath, or urine test.