If this bill gets out of committee and passes as written, here is what you can expect. Oh yeah, and when it hits the floor it will likely get an amendment that will gut Georgia’s implied consent law.
First lifetime DUI
10 days in jail, can suspend or probate all but 24 hours if BAC is under a 0.08
Ignition interlock for 120 days
40 hours Community service (as low as 30 if under .08)
Risk Reduction
Clinical evaluation
Fine 300-1000
Second lifetime DUI
Please note there is no 5 year lookback period, this is 2nd lifetime!!!!!
High and aggravated misdemeanor (no good time credit at jail)
10 days in jail, cannot suspend or probate if BAC is over 0.08 (can suspend all but 96 hours if BAC is under .08)
30 days of community service (as low as 60 hours if under a .08)
RR
Eval
Fine 750-5000.00
3rd DUI in 10 years
FELONY — 1 to 5 years in prison
180 days in jail not suspended or probated
At least 60 DAYS of community service
RR
Eval
Fine 1000-5000.00
Probation of 5 years less jail time
3rd outside of 10 years (i.e. 3rd lifetime)
FELONY — 1 to 5 years I prison
60 days not suspended or probated
60 DAYS of community service
RR
Eval
Fine 1000-5000
Probation of 3 years less jail time
4th or subsequent lifetime DUI
FELONY– 1 to 5 years
1 year not suspended or probated
60 DAYS of community service
RR
Eval
Fine 1000-5000
Probation of 5 years less jail time
If you are in prison for any of the above sentences, there is no early release, pardon or parole unless the defendant agrees to go to a drug court program under OCGA § 15-1-15 or something similar authorized by the court.
To start with, they are only going to start looking back at the convictions obtained after 7-1-2002 for sentencing purposes under this law.
Under 21 — 1st conviction lifetime
10 days to 12 months all but 24 hours can be suspended or probated regardless of BAC
Fine 300 to 1000
40 hours of community service
RR
Eval
Under 21 — 2nd conviction lifetime
High and aggravated misdemeanor
Fine 750-5000
120 days to 12 months in jail and all but 72 hours can be suspended or probated.
30 days of community service
RR
Eval
Under 21 — 3rd lifetime conviction
FELONY 1 to 3 years in prison
All but 120 days can be suspended or probated
Fine 1000-5000
60 Days of community service
RR
Eval
Probation of 3 years less jail time
ANY SECOND OR SUBSEQUENT LIFETIME DUI CONVICTION RESULTS IN A RED STRIPE ON YOUR DRIVERS LICENSE (ADULT OR JUVENILE).
