3 DUI's within the last 6 yrs. Have completed ALL requirements of first two (fines, probate, community service etc)

Asked about 4 years ago - Buckhead, GA

However the last one was fairly recent and was also charged as habitual violator. i would like u to tell me what the possible consequences could be for me?

I'm aware i can spend up to 120 days incarcerated for the DUI. Minimum 15 days for 3rd DUI. 30 days community service, interlock device, and counseling. Although this is very aggressive, none is more concerning then the charge of habitual violator

What the minimum time that can be spent in jail if any for the charge and would enrolling in classes, speaking engagements help to get an alternative punishment then jail ?This would all be done prior to initial court date.

Additional information

I really appreciate you guys taking the time to share your expertise.

My fear about this is that i believe they've already considered me a habitual violator (SMH) prior to this last incident. So that why i'm so concern about the charge and the possible minimum time for such an offense. My license was already suspended for the 2nd DUI unfortunately at the time of the stop.

Attorney answers (2)

  1. Elmer H. Young III

    Contributor Level 15

    Answered . Sounds like you have information on jail and other legal consequences. The license consequenses are also very aggressive with a 5 years suspension, 2 years without lic. prior to application for probationary, very expensive eval and therapy as someone will surely say you need treatment. Plus all the other collateral consequenses the vast majorityof which can be found by following the link on this site that takes you to Mr. William "Bubba" Head's site. Finally, if you look over your sholder you will see some cop drooling for the opportunity to make you a felon and send you to prison for 5 years for the next DUI. Ugly fellow, eh?

  2. Howard J. Weintraub

    Pro

    Contributor Level 9

    Answered . This answer assumes that you are holding a Georgia driver's license and that the DUI offense occurred in Georgia.Here are some of the consequences if you are convicted of this third DUI. Since this is your third offense within ten years from your last conviction this DUI is now classified as a High And Aggravated Misdemeanor. Georgia law requires that you be sentenced to at least 120 days in jail. Although the judge can probate a portion of this term of incarceration, the judge must sentence you to at least 15 days in jail. Home confinement and other alternatives (such as weekends of jail confinement) may be utilized depending on the judge. Your community service will be for 240 hours. Your fine will be not less than $1,000 and not more than $5,000. Unlike a first or second DUI, which resulted in the suspension of your Georgia driver's license, Georgia law requires that if you are convicted of this third DUI your license will be revoked for a period of 5 years and you will be declared a habitual violator. After the passage of 2 years you will be eligible to receive a probationary driver's license for a period not to exceed 3 years if you have fulfilled several prerequisite conditions. For a period of six months following the issuance of the probationary driver's license, you will be required to have an ignition interlock device installed and maintained in each motor vehicle registered in your name and you will not be permitted to drive any car that is not so equipped during this six-month period of time. If you drive while you have not received your probationary driver's license, or in violation of the terms of said probationary license, even if you have not violated any traffic laws, you will be facing a felony conviction.

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