re: Georgia Residents: Does Anyone Know DUI Penalties?

Gon cost big, big bucks and jail time.

This is the second, but first was plead down to reckless, but Ive been told that doesnt matter

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If it was pled down wouldnt' that mean that according to the law this is her first?

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This is what I found

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Georgia law permits a prosecutor to reduce charges from a DUI to reckless driving. However, there are two things to consider: your record will continue to show a disposition for DUI, and you may recieve the same penalties as if convicted of a DUI. Reduction to reckless driving more typically occurs in first offenses.

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The first time, she got fines, 3 days in jail and 40 hrs community service

Found clarification on driving, she is good until the ALS hearing, at that point they can take away or wait until the criminal court case

how dead to rights is she? With a good lawyer she can maybe finagle her way out of it.

I was absolutely, without question, guilty as sin. But I was yougn and scared so I hired a lawyer anyway. We were thiiiis close to getting out of it based on little loophole-y type things.

if she didn't do any tests on site, and the biggest thing they have to go from is the jail test that hasn't been updated in 3 years, a good lawyer can maybe work with that. IF she's already broke that's bad...she's abotu to get more broke. My thinking when it happened was even though I was guilty as hell, I wouldn't ever stop questioning myself if I didn't at least give myself a shot to get out of it.

I had some good and some bad against me.

Good: my voice that was recorded on the officer's lapel mic wasn't bad. Sounded normal. Also I did 3 field tests; passed 2 with 100% flying colors, the one I "failed" was the eye stigma-whatever test where he said it showed signs of impairment.

bad: what I blew was pretty bad. Also was involved in a wreck with another vehicle and a house. So that was kinda bad.

Still, even with all that, we were close. I can't tell her what to do, but it sounds like there's a sliver of hope for her. Granted, she probably should have learned after her first incident so whatever. Maybe this will be a wakeup call.

3 times the limit???

What the frick.

That is a .24. Talking alcohol poisoning totally incoherent level and no damn way she should have been near a car.

I'm usually sympathetic towards people that get dui's as it is mostly a cash grab by the system. As noted, I've gotten them where I blew a .06 and .07 something. And they were dismissed in court.

However, the penalties for blowing over a .16 and then .20 get exponentially worse in some states and I'm betting Georgia is one of them. She better go ahead and pay at least 10k to a top dui attorney. She is in deep shite if she really blew a .24.

I just met with my attorney about my second. Worst case is fines, DUI school, a lot of community service, AA, some sort of counseling, loss of license for a year, then you are able to get a work school/permit but that requires ignition interlock. Minumum jail time is 72 hours, I was in there 18 before being bailed out and with the overcrowding at this small town jail the sheriff will probably say not necessary. What I do have in my favor is the arresting officer has since been dismissed from the PD. I was pulled over in a speeding trap, where the speed limit falls from 65 to 55 with no warning, and the cop was literally sitting beside the speed limit sign. No weaving, no accident. There was no field sobriety, so the breath test is all they have. There is a motion to suppress that test. When ever a DUI is charged a Less Than Safe is also charged so if the test is thrown out they can still get you for LTS. But...LTS has a statute of limitations of 2 years, I was arrested in 2012. No text, case thrown out. Ex-officer doesn't show up to court case thrown out. I also was one month shy of a rule that says for license purposes the look back period is 5 years, not 10 like the actual DUI. So if it's been more than 5 years since a 1st DUI you can still get a work/school permit.

Point is tell her to get a DUI lawyer that knows WTF he's doing. Mine was $1500 up front, and another $2500 if we go to trial.