In Georgia, your criminal record is forever. All arrests, and case outcomes are recorded on your criminal record, which is stored with the Georgia Crime Information Center (GCIC). DUI charges, like most other charges, will never age off, or fall from your record. You cannot plead under Georgia’s First Offender Act to DUI charges either.
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.
Filed under dui, DUI laws, punishment, repeat by 
One of the most frequent questions I hear from clients has to do with plea bargains vs. trials. If there is a fundamental flaw with the evidence to be used against you, or if the State’s witnesses are weak, the State may not be able to prove its case beyond a reasonable doubt and you should consider taking your case to trial.
On the other hand, your case may be one where the State’s evidence is admissable and we may decide that a judge or jury trial may be risky. In such instances, we may be able to negotiate a favorable plea bargain to keep you out of jail or to other minimize the negative consequences of a DUI conviction.
What factors come into play when we negotiate a DUI plea bargain. There are no published statistics to answer this but DUI defense lawyers around the country generally find similarities in their experiences.
Ohio DUI lawyer Brad Koffel posted a list of the top ten risk factors that hurt his chances at negotiating a plea bargain. Brad’s list is not exhaustive but I agree with him that the more of these factors that apply in your case, the more difficult it will be to negotiate the most favorable terms of a plea bargain. Here are the factors that attorney Koffel identifies:
1. Car Accidents
2. Blood Tests
3. Breath Tests
4. Urine Tests
5. Video showing an impaired client
6. State patrol hotline calls about our client
7. Client or passenger statements tantamount to confessions of being DUI
8. Rudeness & belligerence towards police officers
9. The county the DUI arrest occurred
10. Prior Convictions for DUI
Rest assured that even if your case seems hopeless, my job as your DUI defense lawyer is to identify each and every weakness of the State’s case and to guide you regarding steps you can take to help your chances.
I have found that clients accused of the most serious DUI offenses need representation even more than first time offenders with limited alcohol impairment. I have yet to see a case where even a repeat offender with several of these risk factors does not have some redeeming character attribute that can help his case. I therefore urge you not to just give up if the case against you looks bleak.
[tags] repeat DUI charges Georgia, DUI plea bargain Georgia [/tags]
Filed under Georgia Courts, list, negotiate, ohio, Pre-trial actions, Punishment issues, repeat by
