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.
Understanding How Georgia Defines a DUI
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. In accordance with GA Code § 40-6-391, the legal limit for drivers is a BAC of 0.08%, but you can be charged if your BAC is below this limit if the officer believes you are too impaired to operate the car.
Legal BAC Limits in Georgia
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.
Finally, those with a commercial driver’s license (CDL) have a lowered legal limit. As such, these drivers can be charged if they are found operating a vehicle with a BAC at or over 0.04% or higher.
DUI Per Se vs. DUI Less Safe
As mentioned, the legal limit is set at 0.08%. This means that no other evidence is necessary to prove that you were driving while intoxicated, which warrants a DUI per se.
However, you can face a DUI less safe if you are operating a vehicle with a BAC below the legal limit. This is because alcohol can still inhibit your ability to drive, even if your BAC is not as high as the limit. However, the officer would need additional evidence of your intoxication to charge you with this crime, such as reckless driving.
Will I Go to Jail if I’m Convicted?
In many instances, there are mandatory minimum jail sentences. However, you’ll find that judges often have discretion for first offenders depending on the aggravating circumstances of their cases.
Penalties for a First-Offense DUI
As mentioned, the court is often more lenient when imposing sentences for first-time DUI offenders in Cobb County. However, your sentence will depend on the unique circumstances of your case.
Possible Jail Time
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.
Additional Consequences
In addition to the potential jail sentence, you’ll find that there are additional consequences you can face, which include:
- A 12-month license suspension
- Possible reinstatement after 120 days with participation in the DDS Risk Reduction Program
- Fines ranging between $300-$1,000 with additional surcharges
- Up to 40 hours of mandatory community service
- Mandatory participation in a substance abuse program
Penalties for a Second-Offense DUI in Georgia
When you are charged with a DUI for the second time in Cobb County, you’ll find that the penalties you can face will increase. This is because you are now considered a repeat offender in the eyes of the law
Jail Time
If you are charged with a second DUI, however, the penalties will increase to a mandatory minimum 72-hour jail sentence, with the potential for up to one year in jail.
Additional Consequences
A second DUI will also carry the following consequences:
- A three-year license suspension
- Between $600-$1,000 in fines
- Up to 240 hours of community service
- Enrollment in a DUI Risk Reduction Program
Penalties for a Third-Offense DUI in Georgia
Being charged with a DUI for the third time in Georgia will have serious consequences, as you are now considered a habitual offender.
Jail Time and Habitual Offender Status
A third or subsequent DUI increases to an aggravated misdemeanor, carrying a mandatory 15 days in jail and up to five years in prison.
Additional Consequences
- A five-year license suspension
- Fines between $1,000 to $5,000 in fines
- Up to 240 hours of community service
- Mandatory clinical treatment
Aggravating Factors That Increase Jail Time
In the event you are charged with a DUI in Cobb County, understanding the factors that can potentially increase how much jail time you are sentenced to is critical. As such, some of the most common factors that can lead to a longer sentence include:
- Accident causing property damage or injury
- Driving with a BAC at or over .15%
- Having an open container in your vehicle
- Reckless driving
- Refusing chemical testing
- DUI with a minor in the vehicle
Administrative License Suspension
When you are placed under arrest for a DUI in Georgia, you will have the opportunity to request an administrative license suspension hearing. This is separate from your criminal process and allows you to challenge the automatic license suspension. If you wish to request this hearing, you only have 30 days from the date of the arrest to request this hearing. Failure to request this hearing within the 30 day period will result in the revocation of your license for one year.
Reach Out to Our DUI Criminal Defense Attorneys Today
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.