What Does Georgia Law Say About a 1st Time DUI Case?
Georgia has become very serious about punishing DUI defendants, even if this arrest is your first ever DUI charge. In fact, compared to other crimes set out in the Georgia criminal code, the punishment for DUI can be far more severe than the punishment for other offenses.
DUI Defense Strategies in 2012
For lawyers like me, the strategies we use to defend DUI clients has changed significantly over the years. In the 1980′s and 90′s, DUI defense lawyers were able to enter pleas of nolo contendere in first time DUI cases. In those days, a “nolo plea” meant that a defendant could avoid both jail time and the stigma of a DUI conviction on his record.
Unfortunately, the days of pleading nolo are now gone. Now, nolo pleas are rarely accepted by DUI judges and defendants who plead guilty to a (first time) DUI will face large fines and jail time. Therefore, the strategy I use when representing my clients involves looking for weaknesses in the prosecutor’s case with the goal of either fighting for a not guilty verdict, or negotiating a deal with the prosecutor for a guilty please for a reduced charge.
DUI prosecutors in north Georgia are skilled and tough advocates which is why I have spent so much time educating myself about trial and negotiating tactics that work. Obviously, I hope that you call me to represent you but if you go elsewhere, I urge you to make sure that any lawyer you choose has extensive trial and courtroom negotiation experience. I would encourage you to avoid general practice lawyers who handle one or two DUI cases a year.
DUI Punishment for 1st Offenders
If convicted of a first DUI in Georgia, you are facing:
1. Serving at least 24 hours of actual incarceration in the city or county jail
2. Performing 40 hours of community service
3. Serving 12 months on probation, usually reporting at least once a month to a probation officer
4. Being subjected to random drug and alcohol screens for the probation period
5. Abstaining from the use of alcohol and drugs for the probation period
6. Attending a 20 hour, in-class Georgia Risk Reduction Program (DUI School)
7. Paying fines of no less than $300.00 (+/- $500 with surcharges), not including costs and surcharges
8. One year license suspension, with possible work/limited driving permit
These are absolute minimum guidelines under Georgia DUI law.
However, in practice, there are often times more conditions pushed for by the State in DUI prosecutions. Getting a substance abuse evaluation is almost always advocated for by the prosecutor, as well as any substance abuse treatment that is recommended by your evaluator. Attendance at a MADD victim impact panel is also becoming more commonplace, as are mandatory A/A meetings. With the political pressures facing Georgia Judges, prosecutors, and politicians to put an end to drunk driving, these punishments are almost certain to become more and more burdensome in the future. Bills have already been introduced, and are winding their way through Georgia’s Congress, that would require all first time Georgia DUI offenders to get an ignition interlock device placed on their vehicle.
As you can see, even on a first DUI, the punishment enacted by the Georgia legislature is severe. After all is said and done, a first DUI could easily cost $2500+ in fines, fees, and court ordered conditions. The benefit of having a clean record and facing only a first DUI arrest is that the prosecutor will not have any past history of DUI driving to fall back on. In Georgia, if you have been previously convicted of a DUI, the law is usually very lenient in allowing the prosecuting attorney to bring evidence of your prior DUIs into trial. The downside is obvious; the jury gets to hear this character/propensity evidence, and many people would tend to think that “you’ve done it once, so you must have done it again”.
If you’re fighting a first DUI, it becomes all the more important to have a skilled and experienced defense attorney fighting your case. In Georgia, a DUI conviction is forever. It will not ‘age off’, or be eligible for expungement after a certain time period. Government, jobs, schools, and others will forever be able to see that you have been convicted of a DUI, and the consequences are almost always severe. Call me on my direct line, or submit a case inquiry today and I will discuss your options with you for fighting your DUI charge. There is no charge for my consultation time, and at the very least, I will give you my game plan for fighting your case.
