DUI Penalties for Third Offense in Georgia

DUI Penalties for Third Offense in Georgia

Getting arrested for a DUI is scary enough, but getting arrested for your third DUI in Georgia can lead to some really harsh consequences. As a repeat offender, you’re looking at mandatory jail time, thousands in fines, license suspension, and possibly even being declared a habitual violator. I know – it sounds rough. But don’t panic! There are still things you can do to try to lessen the blow. In this article, I’ll walk you through what exactly happens when you get a third DUI in the Peach State, as well as some of your options moving forward.

Overview of Georgia DUI Laws

Let’s start with a quick refresher on Georgia’s DUI laws. In Georgia, the legal limit is .08 BAC. If you’re caught driving with a BAC at or above .08, you can be arrested for a DUI. For commercial drivers, the limit is even lower – .04 BAC.

Georgia also has something called a “lookback period” when it comes to DUIs. This lookback period is used to determine if the current DUI arrest counts as a first, second, third, or subsequent offense. For criminal penalties, Georgia looks back 10 years. So if you got a DUI 12 years ago and get another one now, the new one would count as your first offense.

For administrative license suspensions, Georgia looks back 5 years. So in that case, a DUI from 6 years ago wouldn’t count, but one from 4 years ago would when determining penalties.

Okay, now that we’ve got that down, let’s look at what happens when you get a third DUI within that 10-year criminal lookback period.

Penalties for a Third DUI Conviction

A third DUI conviction is considered a “high and aggravated misdemeanor” in Georgia. This means it’s still a misdemeanor, but it’s as close to a felony as you can get without actually being a felony. Here are some of the penalties you’ll face:

• Jail time: For a third DUI, there is a mandatory minimum sentence of 15 days in jail. However, the judge can sentence you to anywhere from 120 days to 12 full months behind bars.
• Fines: Expect to pay between $1,000-$5,000 in fines and fees. The judge has wide discretion here.
• Probation: You’ll likely get 12-36 months of probation. During this time, you have to check in regularly with a probation officer and follow certain rules, like not drinking alcohol and completing any court-ordered programs.
• License suspension: We’ll talk more about this next, but expect to lose your license for around 5 years.
• Community service: Expect to complete at least 30 days or 240 hours of community service. This is mandatory for a third DUI.
• Drug and alcohol counseling: The court will likely order you to complete substance abuse counseling or treatment. This can involve weekly meetings, inpatient treatment, etc.
• Publication of conviction: For a third DUI, Georgia requires publication of your conviction, mugshot, and other personal details in a local newspaper or other public forum. This is meant to shame repeat offenders.
• Ignition interlock: Once you eventually get your license back after the suspension period, you’ll likely need to have an ignition interlock device installed in your car for a period of time. This device won’t let you start your car if you have alcohol on your breath.

License Suspension

For a third DUI conviction within 5 years, Georgia will suspend your license for 5 years minimum. Here are some key things to know:

• The first 2 years will be a “hard suspension”, meaning you can’t drive at all during this time. No limited permit or exceptions.
• After 2 years, you may be eligible for a limited permit if you meet certain requirements, like completing DUI school and having an interlock device installed. But even then, you’d only be able to drive to certain places like work or school.
• If you’re caught driving during the suspension period, even if you have a limited permit, you could face additional charges and penalties.
• To get your full license reinstated after 5 years, you’ll have to pay a $210 reinstatement fee and may need to show proof of completion of DUI school or treatment programs.

Habitual Violator Status

If this third DUI occurs within 5 years of your previous two, you will be declared a “habitual violator” under Georgia law. This brings additional penalties:

• 5-year license suspension (as mentioned above)
• Possible vehicle impoundment
• Required surrender of your license plates
• Publication of your photo and personal information in a local newspaper

Becoming a habitual violator is no joke. It’s meant to identify the most high-risk and dangerous repeat DUI offenders. The penalties are designed to keep these drivers off the road.

Here are some things to know about life as a habitual violator:

• If you’re caught driving on a suspended license as a habitual violator, you could face felony charges. The minimum penalty if convicted is 90 days in jail, 5 years probation, and $1,000 in fines. But you could face up to 5 years in prison.
• To regain your license after 5 years, you’ll need to provide proof of completion of DUI school and treatment programs. You’ll also need to pay the $210 reinstatement fee and carry an interlock device for a period of time.
• Even after you complete your license suspension, the habitual violator status remains permanently on your record. This means any future DUI conviction will be treated more harshly.

Fourth DUI Charges

If you get arrested for a fourth DUI in Georgia within 10 years of your previous convictions, this will be charged as a felony. Penalties include:

• 90 days to 5 years in prison
• $1,000 to $5,000 in fines
• 5 years probation
• 5-10 year license suspension
• Extended ignition interlock requirement
• 60 days community service
• Completion of DUI school and treatment programs

So in summary – a third DUI conviction brings severe penalties, but a fourth moves you into felony territory. These include hefty fines, years behind bars, and extensive loss of driving privileges.

Defenses Against a Third DUI

Facing a third misdemeanor DUI charge? All hope is not lost. Here are some potential defenses your attorney may use:

• Question field sobriety/breathalyzer: If there are any holes in the evidence regarding your impairment or BAC level, this could create reasonable doubt.
• Challenge traffic stop: If you were pulled over without probable cause, the entire DUI case could get thrown out due to an illegal stop.
• Miranda rights violations: If the police didn’t read you your rights properly, your statements and the case could potentially get tossed.
• Invalid chemical test: Mistakes with the breathalyzer or blood test procedures could make the BAC results invalid and inadmissible.
• Medical conditions: Things like diabetes or acid reflux can mimic signs of intoxication and cause inaccurate BAC readings.
• Prescription drugs: If you had a valid prescription and took the medication as directed, you may have a defense against the DUI charge.

Having an experienced DUI attorney investigate the circumstances of your arrest is crucial, because they may find ways to challenge the charges altogether.

Plea Options

If the evidence against you is very strong, your attorney may advise negotiating a plea deal rather than going to trial. Some common pleas include:

• Plead down to reckless driving: A reckless driving conviction is still serious, but not as damaging as a third DUI. You may be able to get the DUI charge reduced or dropped completely.
• Negotiate lesser penalties: Plead guilty in exchange for lighter sentences for jail, fines, probation, suspension, etc.
• Diversion program: These programs allow you to complete classes and treatment, then get the DUI dismissed if you stay out of trouble.

While pleas or diversion programs can seem enticing compared to a DUI conviction, they still carry consequences. Talk through all your options thoroughly with your lawyer.

Finding the Right Lawyer

As you can see, a third DUI in Georgia brings severe penalties that can disrupt your life for years to come. Having the right lawyer by your side – someone experienced with Georgia DUI laws and repeat offenses – can make a huge difference.

When researching attorneys, look for these key traits:

• Specializes in Georgia DUIs – You want someone who lives and breathes Georgia DUI law and regularly handles complex cases like yours. Avoid dabblers.
• Successful track record – Look for an attorney with a proven history of positive case results. Ask about their rates for reducing charges, getting acquittals, and avoiding maximum penalties.
• Familiar with local courts – Understanding the prosecutors, judges, and processes in your particular jurisdiction can help during plea negotiations and sentencing.
• Compassionate – You want an attorney who will treat you like a human being, not just another case file. Find someone who is understanding and will fight to protect your rights.
• Reasonable rates – DUI cases get expensive fast. Look for lawyers who offer flat fees, payment plans, or reduced rates in certain situations.

Getting arrested for a third DUI in Georgia is scary. But having the right lawyer can help you successfully navigate the complex criminal process and achieve the best possible outcome for your future. Don’t go it alone – seek out an experienced DUI attorney you trust.