Fighting for the community and students of West Georgia.
DUI PENALTIES
How can our office help you?
The burden to prove your DUI rests on the State, and we will make sure that the State meets its burden. We will investigate your case to make sure the State has enough evidence to prove all of the required elements of your DUI case, and evaluate whether proper procedures were followed by the State in obtaining said evidence. We will also thoroughly analyze any and all police records and videos which relate to your DUI. This case evaluation is done very carefully because we are attempting to see if there is a possible basis for having the case dismissed or reduced to a lesser offense.
After investigating your case we are often able to find areas where the State has made a mistake, and we are able to file the appropriate motions to dispose of your case before trial. Note, there is no guarantee that this will happen in your case. However, if the State will not budge and we are forced to go to trial our office will be prepared. We have access to experts that can testify to the inadequacies of the field sobriety tests, and the Intoxilyzer 5000 (commonly known as the breathalyzer machine).
Further, Dusty Hightower, the lawyer in our office that handles most of our DUI cases is a former state prosecutor, so he understands what the State is looking for, and the procedures they are supposed to follow. Dusty will put his experience as a prosecutor to use by fighting for your rights and making sure your DUI is handled appropriately.
DUI Penalties
1st DUI Conviction:
Fine of not less than $300.00 nor more than $1,000.00.
Imprisonment of not less than 10 days nor more than 12 months. However, the judge has sole discretion to suspend, stay, or probate this time. Special note, if the offender’s alcohol concentration at the time of the offense was .08 grams or more, the offender will have to serve a mandatory jail sentence of 24 hours.
Complete not less than 40 hours of community service
Complete a DUI program that has been approved by the Department of Driver Services, (“DDS”).
12 months probation, less any time defendant was imprisoned. Example: If you were convicted of a DUI and were sentenced to a period of imprisonment for 1 month, you would only have to serve probation for 11 months.
1 year license suspension
2nd DUI conviction within 10 years* of first DUI conviction:
Fine of not less than $600.00 nor more than $1,000.00.
Imprisonment of not less than 90 days nor more than 12 months. However, the judge has sole discretion to suspend, stay, or probate all but 72 hours of actual incarceration time. Simply stated, a 2nd DUI conviction equals 72 hours of actual incarceration time.
Complete not less than 30 days of community service.
Complete a DUI program that has been approved by the DDS.
Undergo a clinical evaluation.
12 months probation, less any time defendant was imprisoned.
3 year license suspension
3rd DUI Conviction within 10 years* of first DUI conviction:
Fine of not less than $1,000.00 nor more than $5,000.00.
Imprisonment of not less than 120 days nor more than 12 months. However, the judge has sole discretion to suspend, stay, or probate all but 15 days of actual incarceration time.
Complete not less than 30 days of community service.
Complete a DUI program that has been approved by the DDS.
Undergo a clinical evaluation
12 months probation, less any time defendant was imprisoned.
5 year license suspension
* The 10 year time period is measured from the dates of previous DUI arrests for which offender was conviction or pleas of nolo contendere were accepted to the current arrest date.