A DUI charge in Georgia is never to be taken lightly, but the severity of the charge varies greatly based on whether the misdemeanor is one’s first-time arrest for driving while intoxicated or whether it is a repeat offense. Under the look-back provision of Georgia law, the impact of prior offenses on sentencing can be confusing, and it’s important to understand why.
Even if a DUI conviction seems like a distant memory, it can still be considered when a Georgia judge is sentencing you, as the conviction occurs over the past 10 years. This is in contrast to states with shorter look-back periods, and could result in a repeat offender classification for someone who obtained a DUI 8 years ago but is charged with it today. It would only be applicable if the classification and sentence given in the previous case are being reviewed and changed during this 10-year period, and not whether the old case can be reopened or reviewed.
If arrested for the first time for DUI in Georgia, the fines will range from a few hundred dollars up to about a thousand dollars, court cost and mandatory fees may be imposed as well. Depending on the facts of the case and the judge, jail time may be possible, but may be reserved for probation. Other frequent penalties range from a license suspension, attending a DUI risk reduction course, community service hours, and even having an interlock installed on his or her vehicle under certain circumstances, such as blood alcohol concentration level at the time of the arrest.
After the second occurrence in ten years, the consequences are quite severe. The jail time, fines and license suspension become more stringent. Courts also are more likely to set tougher probation conditions, and the conditions regarding ID’s get more stringent. A second offense is likely to lead to the requirement for a clinical assessment of the use of substances and another level of legal proceedings beyond the punishment for the criminal offence itself.
Georgia’s state laws are more severe for a third violation occurring within the last ten years. At this point, it is considered to be a high and aggravated misdemeanor and has more severe sentencing guidelines than a regular misdemeanor. The minimum jail sentence is raised even higher for a mandatory sentence and the license suspension is significantly longer for a third offense. A fourth DUI in the same look-back period may be charged as a felony, and can have repercussions that go far beyond the charges themselves, such as losing the job, facing long-term consequences, and other impacts.
The escalating penalties depend directly on the date when the prior conviction occurs, so it is highly important for how the prior offense is counted and dated. In some instances, the question arises whether the earlier conviction really fits into the 10-years period, or whether the procedural grounds of earlier conviction would be relevant in the present case. An Atlanta DUI Lawyer will look into such details when reviewing a client’s record, as they can make a big difference in how the current charge is handled; there are many minute details that can have a great impact on the severity of a charge.
In addition to the look-back period itself, there is discretion in the approach to sentencing, especially for first offenses where diversion programs might be available in some jurisdictions. This flexibility is usually less available for repeat offenses, which is one reason why it is important to establish a solid defense early in the proceedings, as the number of prior offenses increases.
DUI attorney James Yeargan, also known as “DUI Jim” in DUI defense circles, works with these increasingly onerous penalties from a unique perspective rooted in his early days. For several years, he served as a prosecutor of both DUI and drug crimes in the City of Atlanta and gained extensive experience in how prosecutors treat prior offenses and in case-building for repeat offenses. It shows the prosecutors’ perspective that can be helpful when considering a client’s record in the context of Georgia’s look back system.
A second offense, third offense or subsequent DUI in Georgia can have implications that go beyond a first offense and is why having a lawyer’s advice early on is vital. Anyone who has been charged with a second DUI should reach out to an Atlanta DUI Attorney as early as possible as the counting and argument of previous DUI’s can make a significant difference in the case.
