MULTIPLE DUIs

MULTIPLE DUIs

Dealing with a DUI is never easy.   More often than not our clients come into our office confused about the process in front of them and the consequences they may face going forward; both with their license and the pending criminal case.   Much of the confusion can be attributed to the complexity of the case and the lack of information provided to individuals by the arresting officer.  Things can get even more confusing when someone is facing a second, third, or even fourth DUI.   In Georgia, the penalty ranges for multiple DUIs change drastically from a first lifetime arrest.   This blog post will address both the minimum criminal consequences and license implications for someone facing the possibility of having a subsequent DUI in Georgia.chicago-dui-lawyer

Criminal Consequences

Prosecutors throughout Georgia have a tendency of becoming very aggressive with individuals facing a subsequent DUI.    On a first lifetime DUI the statute only requires that a defendant serve a minimum of twenty-four hours in jail and limited special conditions.   Second, third, and fourth DUIs within a ten-year period include significantly more consequences than a first DUI.

The Georgia Code specifies the different minimum sentence requirements for multiple DUI convictions.  The Code measures the time frame for DUI penalties in 10-year increments.  The number of DUIs is calculated from the date of arrests, not the date of prior conviction.  Here is a snapshot of the minimum consequences for a subsequent DUI:

SECOND DUI WITHIN A 10 YEAR PERIOD

  • Probation:
    • The Judge must place an offender on 12 months’ probation
    • Jail:
      • 90 days minimum; the Judge has the authority to suspend all but 72 hours in custody.
      • Fine:
        • $600 – $1000
        • Special Conditions:
          • 30 days Community Service
          • Risk Reduction (DUI School)
          • Clinical Evaluation and Follow up Treatment
          • MORE depending on jurisdiction 

THIRD DUI WITHIN A 10-YEAR PERIOD (High and Aggravated Misdemeanor)

  • Probation:
    • The Judge must place an offender on 12 months’ probation
    • Jail:
      • 120 days minimum; the Judge has the authority to suspend all but 15 days .
      • Fine:
        • $1000 – $5000
        • Special Conditions:
          • 30 days Community Service
          • Risk Reduction (DUI School)
          • Clinical Evaluation and Follow up Treatment
          • MORE depending on jurisdiction

FOURTH DUI OR MORE WITHIN A 10-YEAR PERIOD (FELONY)

  • Probation:
    • The sentence range is 1-5 years; Judge must place on probation for at least 5 years (minus any days spent in custody).

*If number of DUIs included convictions prior to July 1, 2008, then misdemeanor

  • Jail:
    • 1 year minimum; Judge can suspend all but 90 days.
    • Fine:
      • $1000 – $5000
      • Special Conditions:
        • 60 days Community Service
        • Risk Reduction (DUI School)
        • Clinical Evaluation and Follow up Treatment
        • MORE depending on jurisdiction

It’s important to note that all of the above listed consequences are minimum requirements.   As mentioned above, prosecutors and judges throughout the State are very aggressive on multiple DUIs and their sentence recommendations often exceed the minimum requirements.

License Consequences

“What’s going to happen to my license?”

A great question, and probably the most common question we get on any DUI case.   The Department of Driver Services (“DDS”) is the entity in Georgia who calculates both the type and length of suspension a person convicted of DUI will receive.   Unlike the criminal consequences, DDS uses a 5-year increment in determining license suspensions for DUI convictions.   Below is the framework DDS uses in determining license suspension for a post-conviction suspension.  It is important to note, that there are possible administrative suspensions that occur prior to a DUI case even going to trial (see Administrative Suspensions).

SECOND DUI WITHIN 5-YEAR PERIOD (Over 21 years old)

–          18 month total suspension

  • 12 months hard suspension (no license)
  • Interlock Permit after 120 days w/ Court Permission
  • $210 Reinstatement Fee
  • Proof of DUI School

THIRD DUI WITHIN 5-YEAR PERIOD (Over 21 years old)

–          Five Years

  • Habitual Violator Status (See: Habitual Violator)
  • $410 Reinstatement Fee
  • Proof of DUI School

You can find more information at www.dds.ga.gov.

What does it all mean?  It means that multiple DUIs are tricky.  They take a significant amount of knowledge and experience to navigate through to a successful result.   Every case is different and often a subsequent DUI must be fought in order to save jobs, licenses, and criminal histories.   Our lawyers are trained for these very types of cases.  Please contact us today at 404-581-0999 if you fit into any of the above listed categories.