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3rd DUI in 5 years

Atlanta, GA |

My friend recently was charged with his 3rd DUI in 5 years. The first DUI was when he was 20, and the second DUI was after he had recently turned 21. He was just charged with his 3rd DUI a few weeks ago. After looking up some stuff about DUI convictions it seems like he didn't even serve the minimum sentence for the first two DUIs as required by the state of Georgia, possibly because the first two DUIs were tried together. I was wondering, realistically, what type of punishment my friend might receive - minimum and maximum. Also, if he enters alcohol rehabilitation and stays sober before his court date, how much can we expect this to impact his sentencing? Also, what kind of records should he be keeping of his sobriety - should he get a paper at his AA meetings or something? Thanks.

Attorney Answers 3


Actually in Georgia the look-back period is now ten years. And regardless what his sentence was on the first two, he is looking at third offense punishment if convicted. The absolute minimum jail sentence is 15 days, but most judges would not be that lenient. The maximum punishment for any misdemeanor is twelve months in custody, but his actual incarceration would probably be somewhere between 30 and 90 days. In addition, there is a minimum 30 days of community service, fines up to $5000.00, and other mandatory provisions.

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I think you'll find many of the answers you are looking for on my website, under the DUI FAQ section.

A good DUI lawyer may help him avoid the worst possibilities. Make sure he interviews at least three lawyers and finds the one he is most comfortable with.

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I agree with the first answer.

I write to address your second question: Whether your friend obtaining treatment will affect his sentence. This is a very state-specific question. In WI, treatment is heavily considered at sentencing and generally results in a lesser sentence. In some counties here, prosecutors even make offers contingent upon a defendant obtaining substantial treatement.

Even if treatment does not affect your friend's sentence, however, it will certainly benefit him on a personal level. I would recommend treatment for that reason alone.

Bottom line: You should consult with a local, experienced DUI defense attorney. You can find such an attorney through the National College of DUI Defense:

Good luck!

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