If you are facing charges for drunk driving in Georgia, you may be concerned about the potential of spending time in jail. Unfortunately, many facing a DUI offense are unsure of the penalties they can face if they are convicted. If this represents your situation, you’ll want to keep reading, as the following blog explores when a DUI is warranted and whether or not you can spend time behind bars for this offense. In addition, you’ll learn the importance of working with a Cobb County DUI lawyer to explore your legal options and discuss potential defenses for your circumstances.
What Warrants a DUI Offense in Georgia?
A driving under the influence DUI charge occurs any time someone is caught driving with alcohol in their system that impedes their ability to safely operate a moving vehicle. However, if you have a blood alcohol concentration (BAC) of 0.08% or higher at the time you are stopped by the officer, you are automatically charged with a DUI. This is because 0.08% is the legal limit, and if you are at or over that amount, you are deemed to be legally intoxicated and therefore unable to safely operate a vehicle.
You should also note that Georgia imposes a strict zero-tolerance policy for underage drinking and driving. As such, any driver under the age of 21 with a BAC of 0.02% or higher will be charged with a DUI.
Will I Go to Jail if I’m Convicted?
Generally, for a first offense DUI, there is a minimum sentence of 24 hours in jail with the potential for up to one year behind bars. However, this is not a mandatory minimum, and the judge will likely waive the 24-hour sentence provided there are no aggravating factors in your case.
If you are charged with a second DUI, however, the penalties will increase to a mandatory minimum 72-hour jail sentence. In many instances, judges do not waive this, as you are now considered a repeat offender in the eyes of the law. A third or subsequent DUI increases to an aggravated misdemeanor, carrying a mandatory 15 days in jail and up to one year in prison.
In addition, you’ll have your license suspended for at least 12 months if it is your first offense in 5 years. However, you may be able to apply for reinstatement after 120 days if you complete an approved risk reduction program and pay the reinstatement fees.
As you can see, the penalties associated with a DUI should not be taken lightly. That is why it is critical to connect with an experienced attorney with Miller Law Practice as soon as possible. Our team understands how overwhelming these matters can be to navigate, which is why we will do everything in our power to help you through these difficult times. Contact our firm today to learn how we can represent you in the fight for the best possible outcome for your unique circumstances.