I recieved my 4th DUI 13 years AFTER I recieved my 3rd DUI in GA. What am I looking to recieve in court? Will I recieve jail time & how much? It took place in Clayton county. What will happen to me in court? Will it be considered my 1st as far as punishment goes?
This caseshould be consider a 4th lifetime, first in 10, and but for the significant history would or could be handled as a first. HOWEVER, how you should expect a Clayton Co. prosecutor or judge to deal with your case should be inquired by an experienced local DUI attorney who regularly practices there. Expect they will want to keep close tabs on your drinking.The DDS will handle the suspension as a first in 10.
It will be treated like a first DUI as far as statutory minimum mandatory sentencing goes. You will, however, be looking at more than the legal minimums since you have so many prior offenses. I would expect the State will be asking for jail time so hire an attorney. He/she can help negotiate the case and/or look for possible defenses. Good luck.
If the DUI you received was in Clayton County, Georgia, the previous post by a Florida attorney is INCORRECT. This is a misdemeanor, meaning the maximum fine is $1000, and while the maximum jail penalty for a misdemeanor is one year, the minimum for a first DUI in ten years is 24 hours. This CAN be treated as a first offense in ten years, subject to those minimums, but it depends on what the prosecutor and your attorney negotiate and what the judge will accept. Many judges in Clayton County will sentence more strongly with priors, but you need to consult with an attorney licensed in GEORGIA and familiar with Georgia law to understand what's ahead.
If you are convicted you are looking at jail time. Specifically, you are looking at 1 to 5 years in jail, up to $5,000 in fines, a MINIMUM of 60 days community service and a treatment program. I am assuming your DUI's did not involve accidents or injurys to other people. If they did, then the penalties can be substantially worse.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
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