So, you’ve been charged with a DUI in Georgia. Now what? That’s the question on most people’s minds following a DUI arrest. What does the state have to prove to convict me? What are the consequences I am facing if I get a guilty verdict? We have the answers to all of your questions. Here is a summary of what the prosecutor needs to prove and what consequences you are facing.
Burden of Proof
There are two main ways that Georgia can convict a driver of a DUI:
- If the state has physical proof that your blood alcohol concentration was at least .08 within three hours of driving.
- If the state can prove that you had alcohol and/or another debilitating substance that caused your impairment while operating your vehicle. What this means is a DUI in Georgia can also refer to prescription or illegal drugs, which can alter your ability to safely operate a vehicle. It is up to the prosecution to prove that you took a debilitating substance and then operated a vehicle.
Consequences for a DUI in Georgia
The consequences you face depend on how many times you have been convicted of a DUI:
- First Offense: You are most likely facing at $1,000 fine and 10 days to one year in jail. There is a DUI school you may have to attend and you will have to perform up to 40 hours of community service. You could be facing a year of probation or lose your license for up to one year.
- Second Offense: You could be facing a fine of up to $1,000 and 90 days to one year in jail. You will have to complete a DUI course and perform 30 days of community service. There is a mandatory alcohol evaluation/treatment that you must go through. You could get one year of probation. You could lose your license for up to three years and an ignition interlock device could be installed in your car (at your cost).
- Third Offense: There is a $5,000 fine and anywhere from 120 days to one year in jail. You will have to perform 30 days of community service. You will be required to go through alcohol evaluation and/ or treatment. You face up to one year of probation and the loss of your license for up to five years, and an ignition interlock device once you get your license reinstated.
- Fourth Offense: If you have been convicted for a fourth time, you are facing a $5,000 fine with one to five years in state prison. You will lose your license. Once you are released from prison and your license is reinstated you will be required to have an ignition interlock device installed on your vehicle.
If you have been charged with a DUI in the Atlanta metro area, Alpharetta, Roswell, Sandy Springs, Milton, John’s Creek, Dunwoody, Atlanta, or Marietta counties you should contact the Law Office of Scott Miller. I am an experienced defense attorney in Georgia who has helped many clients keep their licenses. DUI’s have serious consequences that could ruin your life. Don’t let one mistake decide the rest of your life. Call the Law Office of Scott Miller at 770-408-1001 today to set up a free consultation.