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What happens if I am convicted or enter a guilty plea for DUI?

What happens if I am convicted or enter a guilty plea for DUI?               

The “look back” period for DUI punishment is 10 years.  This means for purposes of determining whether your DUI is your first you count back 10 years.  This differs from your eligibility for license reinstatement, which is a five-year “look back” period.

First DUI (in 10 years)

The punishment for a First DUI in ten years is set by statute and is as follows: 12 months probation.  A fine of $300.00 to $1000 (as of July 1, 2012 a 50% charge is added and will go to the State Of Georgia).  Jail time of not fewer than ten days not more than 12 months, but the Judge has discretion to probate, stay or suspend jail time.  40 hours community service is required but may be lowered to 20 hours in DUI Less Safe cases.  DUI School is required in all cases.  A clinical evaluation as defined by O.C.G.A. 40-5-1 (substance abuse evaluation followed by recommended treatment) is required but may be waived by the Judge.

Second DUI (in 10 years)

If a person is convicted or pleads guilty to a second DUI the punishment increases and is set by statute as follows: 12 months probation, a fine of $600.00 to $1000.00, jail time of not fewer than Ninety (90) days, not more than 12 months, but the Judge has discretion to probate, stay or suspend all but 72 hours of jail time and thirty (30) days community service.  DUI School is required in all cases.  A clinical evaluation as defined by O.C.G.A. 40-5-1 (substance abuse evaluation followed by recommended treatment) is required.

Can I get “First Offender” status for a DUI charge – NO

Can I plead Nolo?  Yes under some circumstances, but a Nolo plea no longer will save your driver’s license.

Posted on: 31 Jul, 2012          under: Criminal Law, DUI, Traffic Law

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