In 2008, Georgia DUI laws actually became tougher.  A 10 year look back window was enacted to replace the previous 5 year window.  Therefore, if you are now convicted of a DUI charge, the court will look back 10 years and hold all previous DUI convictions in the past 10 years against you.  Previous charges will increase the amount of jail time, fines, and other court ordered conditions you face.  Obviously, with a longer look back period, the chances of reoffending and falling under tougher sentencing guidelines increases.   Additionally, as of July 1, 2008, all fourth DUI convictions are considered felony charges in Georgia.

If you have been charged with multiple DUIs, pulling your official criminal history and conducting a thorough examination of your record is an essential step in defending your case.  You must know what sentencing you are looking at before making decisions about your defense options.  If you are interested in pulling your criminal record, call or visit the website of your local law enforcement agency.  For a small fee, these agencies will run your criminal history and give you a copy to provide to your lawyer.

According to the article, the Atlanta Police Department may soon start utilizing search warrants to obtain blood samples of drivers who refuse testing of their blood or breath under Georgia’s DUI laws.  Douglas County and the Georgia State Patrol already use the search warrants in refusal cases, and will certainly continue to do so.  When a driver refuses testing, usually performed on the Intoxilyzer 5000 (Georgia’s breath testing machine), the driver withholds what is usually the prosecutor’s most robust evidence of DUI: a breath or blood test showing alcohol content.  The arresting officer is then left with only the physical manifestations such as bloodshot eyes, slurred speech, and the inability to balance, among others.  A DUI case is much stronger with direct evidence of a driver’s alcohol content, making the value of the search warrants for blood tests evident in DUI prosecutions.

With this growing trend, it appears that drivers who have relied on the implied consent law to refuse testing will not only be subjected to stiffer license penalties, but will also face a chemical test coming into evidence regardless of their refusal.  This creates an obvious problem for the average citizen who exercises their discretion and judgment and does not consent to testing.  In my experience, reasons to refuse testing are many; a friend or attorney has advised against it, a driver has concerns about the reliability of the machine, or even the honest belief that there is no reason to give a test if you have not done anything wrong.

If you have been charged with DUI in Metro Atlanta, or North Georgia, and allegedly refused testing, call my law offices today to talk about your case, the potential ramifications of your refusal, and your best defense.

Guy Sharpe’s response: The maximum punishment for DUI, which is a misdemeanor, is one year in jail and a $1,000.00 fine. Usually plea negotiations result in the lesser included offenses being merged into the DUI, such as reckless driving, speeding and others. The DUI record will always be there, so it could affect your son’s ability to obtain certain kinds of employment and may affect his ability to get scholarships to go to school.

[tags] Georgia DUI, Georgia DUI under 21, DUI sentence, DUI punishment [/tags]