Atlanta DUI Lawyer
You are presumed innocent until proven guilty of a fourth DUI, even with prior DUI convictions. However, if you are convicted of a fourth DUI, then you face harsher penalties and fines.
Law Office of Shania King, LLC will provide you with solid guidance throughout the entire process so that you can make the best decision for you. Call today at (678) 793-7975 so that we can discuss your case and begin preparing your defense.
Georgia DUI Laws
In order to be convicted of DUI, it must be shown that you were driving or in actual physical control of a moving vehicle. The legal limit in Georgia for drivers over 21 is a BAC of 0.08%.
There are different ways of committing DUI. You can be convicted of driving under the influence of alcohol (per se), driving under the influence of alcohol (less safe), driving under the influence of inhalants, driving under the influence of drugs, and driving under the influence of combined substances.
In Georgia, the look back period for repeat DUI offenses is ten years. Prior to 2008, the look back period was five years. So if the subsequent DUI offense occurs outside the ten year look back period, it will be treated as the first DUI offense. Each conviction within a 10 year period leads to higher and higher penalties.
Please note that that 10 year look back period is for the criminal DUI action only. The look back period for the administrative action (civil action—driver’s license suspension) is still only five years. Therefore, the administrative license suspension penalty is based on the number of DUI arrests within five years.
Fourth DUI Penalties
Four or more DUIs within 10 years beginning July 1, 2008 is a felony.
The fines for a fourth DUI are between $1,000-$5,000 fine plus any statutory charges. The minimum jail time is one year, but the judge can suspend all but 90 days. Sentencing also requires 5 years of probation, 5 year license suspension (or 2 years if treatment is completed), license reinstatement fee, DUI school, the clinical evaluation and the treatment program, an interlock ignition device installed in your vehicle for six months, and community service.