SENTENCING REQUIREMENTS FOR DUI

(Statute in effect as of July 1, 2001)

1st DUI CONVICTION IN 5 YEARS No 1st offender treatment

• Jail Time - MUST SERVE 24 HOURS 10 day minimum/ 12 month maximum Fine - $300 Minimum/ $1,000 Maximum, Community Service - not less than 40 hours, Risk Reduction/DUI School, License suspended for 12 months, limited driving permit allowed. Call Conaway & Strickler, P.C. now to find out how to KEEP YOUR LICENSE!
• Probation- 12 months reporting regardless of paying fine early.

2nd DUI CONVICTION IN 5 YEARS

• Jail Time- MUST SERVE 72 HOURS 90 day minimum/ 12 month maximum, Fine - $600 Minimum/ $1,000 Maximum, Community service - not less than 240 hours, Risk Reduction/DUI School Mandatory, Alcohol Evaluation and/or treatment, License suspended for 3 years. Call Conaway & Strickler, PC now to find out how to GET YOUR LICENSE BACK SOONER! Probation- 12 months reporting regardless of paying fine early. Picture in Paper- photograph must be published in paper.
• Ignition Interlock Device mandatory on all cars you own or operate for 6 more months after license suspension ends.

3rd DUI CONVICTION IN 5 YEARS

• Jail Time- MUST SERVE 15 DAYS 120 day minimum/ 12 month maximum, Fine - $1000 Minimum/ $5,000 Maximum- Court may suspend fine if you are ordered into a treatment program. Community service - not less than 240 hours, Risk Reduction/DUI School Mandatory, Alcohol evaluation and/or treatment, License suspended for 5 years as Habitual Violator. Probation - 12 months reporting regardless of paying fine early.
• Picture in Paper - photograph must be published in paper.

If you are under 21 years of age:

Driver's license revoked. 1st violation - 6 months revocation; 2nd violation - 1 year revocation. If you blow more than 0.08, then license can be suspended for 1 year on 1st violation. You may be segregated from the general population and serve weekends for 1st conviction.

Subsequent convictions cannot be segregated or weekends.

Child Endangerment:

If you had a child younger than 14 years of age in the car, then you may also be charged with Child Endangerment in addition to the DUI offense.

License Plate:

If you are an Habitual Violator then you must surrender the license plate of the vehicle you were driving, and if it was not your vehicle, the license plate of any vehicle you own.

The COURT must:

1) Notify the Department of Motor Vehicle Safety within 10 days
2) Give you a receipt, and
3) Forward the tag to the local tag agent.

If you are arrested and convicted of a DUI in Georgia the penalties are particularly severe and can last your entire life - even for just one conviction. This makes it especially important to make sure every aspect of your Georgia DUI was done legally and all paperwork was filed in a timely manner. An experienced Atlanta Georgia DUI lawyer can assist in making sure anyone arrested or convicted of a DUI has every right granted to them, including the right to challenge any point and get the case thrown out of court.

An arresting police officer in Georgia can take your driving license from you and confiscate it. While you have the right to immediately apply for a new one we suggest you wait until speaking with a Georgia DUI defense attorney first. Once you are charged you will either be charged with driving as a "less safe" driver or a "per se" or "unlawful" driver. Less safe driving tends to be a judgment call by the arresting officer rather than a scientifically proven conviction. Per se and unlawful driving mean that your blood alcohol content was over the legal limit - 0.08% if you are a non-commercial person over the age of 21.

Your first conviction, or first within five years time, of a DUI in Georgia consists of several elements. A fine of up to $1000 will be levied against you. You also face jail time of anywhere from ten days to a full year though most of your jail time can be dropped in lieu of community service or other penalties. You also face doing additional community service of 40 hours, minimum, or 20 hours if you are under 21. Your driving license can also be revoked for a full year.

Persons facing a second DUI conviction in Georgia within the past five years face even more penalties. These include fines of up to $1000, a year of jail time and probation, thirty days of community service, an 18-month suspension of your driving rights, the installation of a breath lock on your car, a license plate revocation for a year, and your picture and name published in your local town's newspaper. If you are under 21 you face additional particular fines and penalties as well.

Three or more DUI offenses in Georgia within a five year period mean even greater fines and penalties. These include fines of up to $5000, twelve months of jail time and/or probation, thirty days of community service, two year driving suspension, an installation of a breath lock, alcohol treatment and counseling, license plate confiscation, and your picture, name and address printed in your home town's newspaper.

Penalties for a DUI in Georgia are severe and you should have the best DUI defense you can give yourself, regardless of your case. The Law Firm of Conaway & Strickler, P.C. has years of experience dealing with and handling DUI cases throughout Georgia. Since our office concentrates on DUI and criminal cases in the state we are especially experienced in any type of DUI possibility in the state.

Contact our offices in Atlanta for a free consultation on your case and begin your road to avoiding excessive and lifelong DUI problems. Our Atlanta Georgia driving under the influence defense attorneys can handle any DUI case anywhere in Georgia.