Third DUI Offense In Georgia
Third DUI Charges In Georgia
In the US, driving under the influence of drugs and alcohol is viewed as a major offense. If you have two DUI charges, it will likely be charged as a misdemeanor; however, get pulled over for your third DUI offense in Georgia, it’s considered a felony – one that can greatly damage your personal record.
Although your third DUI charge may be a misdemeanor or felony, you still run the risk of facing serious consequences. You can take comfort in knowing that Downie Law, LLC is here to help. Our Georgia DUI attorney has extensive experience representing those who have multiple DUI charges. Contact our office today for a free consultation and to learn more about how we can help you.
Penalties For Third DUI Offense
Georgia has what is called “look back” periods. When you’re arrested for DUI, the state “looks back” to see how many other DUIs you’ve gotten in a particular period of time. When considering criminal penalties and charges, the state looks back over the past decade.
After your third DUI conviction within a 10-year period, you’ll be mandated to spend at least 15 days in jail. However, it’s possible that the court will give you credit for time served after being arrested. Additionally, 12 months of probation must be completed under supervision. Moreover, the court also has permission and discretion to impose any or all of these penalties:
- Between $1,000 and $5,000 in fines
- 120 days to 12 months in jail
- 30 days of community service
- DUI School
- Attend regularly scheduled sessions for substance abuse counseling and treatment, and
- License suspension.
Your criminal sentence due to a DUI could range drastically, depending on the context of your offense. Your blood alcohol concentration (BAC) will be taken into account, as well as any accidents causing harm or destruction; if you had minors in the vehicle at the time of arrest, this too can have an impact.
License Suspension For 3rd DUI In Georgia
If you have been charged with a third DUI in Georgia within five years, not only will you face hefty fines and jail time, but also a driver’s license suspension for an entire five-year duration. During the first two years of this harsh penalty, there is no limited permit available under any circumstances. However, after these initial two years, if certain conditions are met with approval from court officials—including completion of mandatory DUI school courses as well as submission to clinical evaluation testing related to drug and substance abuse—you may then become eligible for probationary licensure.
The results of the assessment may necessitate a drug or alcohol rehabilitation program. Additionally, any past convictions on their driving record may render them ineligible for probationary licensing, including but not limited to moving violations, underage alcohol offenses, and offenses related to drugs or marijuana.
If you receive a probationary license, installing and maintaining an ignition interlock device might be mandated. Keep in mind that the cost of this service is considerable with fees ranging from $50 to $150 per month.
Habitual Violator Status
If you have committed three major DUI offenses in Georgia within a 5 year period, then you will be classified as a habitual violator. Consequently, your license will be suspended for up to 5 years; however, after two of those years are complete, it is possible to qualify for special permission. For further information regarding the status of habitual violators in Georgia, contact our DUI defense lawyer to learn more about how we can help.
Understanding Georgia’s “Look-Back Period”
In contrast to some states that consider a driver’s whole driving history when deciding if they have had another DUI, Georgia has an established time frame for criminal and motorist license punishments. This timeframe is known as the “look-back period.”
If you were convicted of a DUI back in 2002 and then again in 2015, the court would consider it your first DUI offense because more than 10 years had passed since the prior conviction. However, when it comes to penalties for driver’s license suspension or revocation, the Georgia Department of Driver Services (DDS) considers a look-back period of only five years, so if you have been arrested within that time frame, DDS may treat this as your second DUI offense.
Frequently Asked Questions
Is A Third DUI A Felony In Georgia?
If you’re arrested for DUI in Georgia, your first and second times will result in a misdemeanor charge. When it comes to the third incident, however, you may face a “high and aggravated” misdemeanor – just one step away from being classified as a felony. If convicted of this offense, the state can impose some of its strictest penalties on those with non-felony offenses.
Will I Go To Jail If I’m Convicted Of A Third DUI In 10 Years?
Georgia’s laws demand a minimum of 120 days in jail for those who have been found guilty of their third Driving Under the Influence charge within ten years. However, O.C.G.A § 40-6-391 stipulates that only 15 out of these days need to be served behind bars; hence giving judges an immense range when it comes to determining how many days should be spent in confinement—from fifteen up to six months or more.
Contact Our Georgia DUI Defense Lawyer Today
If you’re charged with a third DUI offense in Georgia, the legal repercussions and punishments become increasingly more severe. With two prior offenses within five years, you could be classified as a habitual violator and may face hefty consequences such as losing certain rights or even incarceration. Therefore, it’s important to fight back against these allegations with full force.
Time is of the essence when it comes to DUI cases. Do not hesitate and reach out to Downie Law, LLC as soon as possible. Our experienced Georgia DUI lawyer offers free consultations to review your case, explain all available options, and get started on developing a sound defense strategy for you immediately. Remember – failure to act quickly could result in losing your license forever, so call us now!