One of the most common criminal charges in Georgia is also one of the most serious traffic violations possible. Unlike speeding or other minor traffic violations, driving under the influence (DUI) offenses aren’t civil infractions that lead to tickets. They are a crime that could lead to prosecution in the criminal courts.
If Georgia police officers test someone and affirm that they are over the legal limit or if a driver displays impaired ability at the wheel, they might face DUI charges that could create a variety of different consequences. Many people facing DUI charges might contemplate pleading guilty. Doing so leaves them at the mercy of the courts regarding sentencing. Once people know what penalties are possible, they may find the motivation to fight their pending DUI charges.
Each subsequent charge leads to more serious penalties
Georgia’s penalties for DUI charges increase each time someone faces new accusations shortly after a previous charge. The look-back period for second and third offenses is five years in Georgia. If people get arrested again within five years of their last DUI conviction, they face more serious penalties for the new charge. If more than five years have passed, the state may treat their case like a first DUI charge.
After a first conviction, a defendant could face a sentence of up to a year in jail, $1,000 in fines and a year without their driver’s license. They also have to perform at least 40 hours of community service. A second offense within five years of the first leads to more serious penalties.
The maximum fine and jail time are the same, but there is a mandatory minimum of 48 hours in state custody. They may lose their license for three years and have to perform a minimum of 30 days of community service. Third offenses that occur within five years of a second conviction lead to at least 15 days in jail, up to $5,000 in fines and five years without a driver’s license.
Other factors, including whether the impaired driver caused injury or property damage and if they had minor passengers in their vehicle, could influence the charges the state pursues and the penalties the courts may impose. The only way to avoid incarceration and maintain a driver’s license when accused of a DUI offense is to fight the pending charges and avoid a conviction.
Learning about state law and court proceedings can help people choose the best response to a recent DUI arrest. Drivers who fight their charges may be able to avoid a conviction and the various penalties it might result in.