Georgia is known for its severe punishments for DUI-related offenses. The prospect of losing your license and freedom looms ahead, a potential reality you must confront.
Punishments for driving under the influence in Georgia differ according to your history of prior convictions
If a person has prior DUI convictions in the state of Georgia, they risk facing severe punishments that include:
· Depending on the severity of their current offense and any previous DUI convictions, drivers must pay a set penalty for breaking the law.
· Georgia has an extensive 10-year "look back" policy when imposing punishments and strengthening sentences for those convicted of any crime.
· The state of Georgia has a 5-year retroactive policy when assessing the license penalty for any DUI offense.
· Georgia's "look back" period has no authority to impede a judge or prosecutor from considering prior offenses when determining whether someone should be convicted of DUI.
Punishments and penalties mandated by the court are strictly based on a 'look back' period, however, it is commonplace for judges to take into account an individual's criminal record as a whole instead of only those offenses within five or ten years.
DUI Drugs Punishments.
In Georgia, the repercussions for DUI Drugs are comparable to those associated with alcohol-related DUIs. The crux of the matter is that those who are convicted of DUI Drugs do not have access to restricted licenses or permits.
Individuals convicted of Prescription Drug DUI in Georgia may face the following repercussions:
· In Georgia, the same punitive sanctions apply to those convicted of a Prescription Drug DUI as any other type of DUI.
· Individuals found guilty of DUI after being impaired by any drug will likely not be eligible for limited permits or restricted licenses.
In comparison, this form of driving under the influence typically receives more leniency and understanding in court. For that reason, some prosecutors are inclined to be more forgiving.
For any Commercial Driver's License (CDL) driver in Georgia that has been charged with Driving Under the Influence (DUI), they may be subjected to the following penalties:
· In the state of Georgia, a CDL driver convicted of DUI will experience identical penalties to any other motorist operating on public roads - except that they may be stripped of their right to operate commercial vehicles.
· Following a first-time DUI, holders of commercial driver licenses (CDLs) will face an absolute minimum one-year suspension of their license.
· If a CDL driver is convicted of two DUIs, they will suffer a lifelong revocation of their commercial license.
· Following a first DUI conviction, a CDL holder is eligible for an ordinary limited permit to drive.
· Driving a commercial vehicle utilizing an ordinary limited permit is forbidden for any CDL holder.
· Georgia Administrative Law requires a decision to be made within 30 days of an arrest if the CDL license holder elects to have an ignition interlock installed. If so, they are prohibited from driving any commercial vehicle with this device in place.
If you are convicted of DUI Under the Influence of Marijuana, your consequences may include:
· In Georgia, the penalties for DUI Marijuana are no different from those incurred from being intoxicated by any other substance.
· If found guilty of a DUI Marijuana charge in Georgia, the offender will be ineligible to receive either a restricted or limited license.
Georgia takes a strict stance on habitual offenders: penalties for these individuals can include but are not limited to:
· If you are declared a habitual violator in Georgia, then driving is considered a felony offense.
· DUI Risk Reduction School
· Incarceration lasting between one and five years.
· Monetary penalties range from $1000 - $5000.
· Potential DUI Court or Drug Court.
· Unless sentenced to more than three years, all community service sentences should be completed within a 30-day (or 240-hour) period.
· Expert evaluation and treatment when necessary.
· Surrender of license plate.
· After at least two years of stringent suspension, an Ignition Interlock will be mandatory to obtain a permit for driving.
· Possessing a felony conviction for life.
· If someone charged with a DUI is still on probation, Probation Revocation is a real risk.
· Other feasible forms of punishment that may accompany a felony conviction.
Depending on your situation, there are various sentences available to you!
Despite the fact that Alternative Sentences and punishments exist for those charged with a DUI in Georgia, only a few localities permit diversion or deferred adjudication. It is disheartening to witness the lack of compassion and understanding in society towards individuals who make a single mistake. This mentality is especially heartbreaking when applied to young adults, many of whom possess unlimited potential for greatness.
DUI Court is often seen as an alternative to more traditional forms of punishment. Nonetheless, the main benefit participants experience from enrolling in this program is a reduced jail sentence at the start of their probation period. Nevertheless, most participants of the program are met with harsh repercussions. As a result, they may serve more time while in the program than if they had taken an initial plea bargain leading to harsher punishment from the onset and bypassing admission into this same program altogether.
Unlike in drug court, a DUI Court program participant is convicted of their DUI right away and the adjudication begins immediately; it isn't postponed. Furthermore, an individual who enters the DUI Court program faces precisely the same driver's license penalties as if they had not chosen to participate.
Regardless of the specific DUI charge, it can be an uphill battle to fight your case. Your best bet is to hire an experienced legal representation who understands the complexities surrounding Georgia DUI laws. An experienced attorney can help you understand all of the possible defenses and penalties related to your case, as well as protect your rights in court. That way, you can have peace of mind knowing that you did everything you could to get a favorable outcome. Despite this fact, whether this involves taking a plea bargain or fighting for acquittal, having an experienced attorney on your side will give you valuable insight into the system and increase your chances for success.