If you are entering a plea to a DUI in Clayton County, under Georgia law, there are certain penalties which the Court must impose when you enter your guilty plea.
According to Georgia Law, O.C.G.A. 40-6-391, if you plead guilty to DUI, the Court must:
- Assess a fine of not less than $300 (but not more than $1,000
- Sentence you to 24 hours imprisonment
- Sentence you to complete 40 hours of community service at a 501(c)(3) organization
- Require completion of a DUI Alcohol or Drug Use Risk Reduction Program
- Require completion of a clinical evaluation for substance abuse treatment
- Require you to serve 1 year on probation.
While on probation, you will also be responsible for paying any supervision fees, you will be regularly drug and alcohol screened, and if you commit any other crimes, you may face even stiffer penalties if your probation is revoked.
These sentencing requirements sound very serious (and they are!) but they are also very discretionary. Clayton County judges have a lot of control over the sentence. For example, some judges will allow you to terminate your probation early if you complete any requirements of your sentence in a reasonable amount of time. Other judges will allow you to complete community service in lieu of paying a fine. Some judges will give you credit for any time served in jail at the time of your arrest, and other Clayton County judges will not make you serve any time if you complete your probation requirements.
Entering a guilty plea to DUI in Clayton County can be a tough pill to swallow. With the right attorney beside you, however, you will have your best chance of reducing the time and money spent on probation and incarcerated. Attorneys are able to present mitigating evidence for the Court’s consideration, and argue why the judge should withhold certain sentence requirements. If you are considering a guilty plea to DUI in Clayton County, call our office first. We may be able to help you make the best of a bad situation, and ensure that you are only being sentenced to the absolute minimums. Call us for a free consultation at 404-581-0999.
Written by Attorney Katherine Edmonds