Skip to main content

I have been arrested for three DUI's in the past 5 years. Will I face jail time?

Carrollton, GA |

I have completed all of my probation and community service for my first DUI. The second happened in 2008, and the third just a few days ago. I refused a breathalizer on the second and third. I lost my liscense for a year due to refusing the breathalizer on the second, but still have not been convicted. These are in two different counties, and the court dates are scheduled between 5 days of each other in 3 months. I understand that I will need to obtain a lawyer, but I'm just wondering what outcome is most likely to come of this?

Attorney Answers 4

  1. If you have two DUI charges pending, you're looking at some. very harsh penalties, including some significant jail time if you're convicted of both. I'd expect the prosecutors to be reluctant to negotiate to a lesser charge because of your record. I'd push as aggressively as possible for a reduction to reckless driving, but you need a lawyer who will take these cases to trial, because that will likely be your best shot at beating these things. Call me or my boss, Michael LaScala, at 404-881-8866 to discuss further at no charge. Again, you need to be ready to take these things to trial and we are happy to do so if it's in your best interest. Best wishes to you.

  2. A second DUI within five years will usually see you having to serve some jail time. If you plea before trial, it is usually between 10 and 30 days. A third conviction within five years goes up and pre-trial bargains will probably be between 30 and 90 days of jail. Some jurisdictions may be higher.

    If your lawyer can find some issues to argue in your case, he or she may be able to negotiate the jail time down. If there are major issues, they may even be able to get the DUI reduced to a reckless driving, but that is a tough sell to a prosecutor on someone with three DUI arrests within five years. An assistant solicitor will often be more likely to risk acquittal at trial rather than cut someone a deal after that many arrests.

  3. If you are convicted of either or in a worst case both DUIs you are facing significant jail time. I understand from your question that you refused the states test both times. The best advise I can offer a person in your situation is to retain the most experienced, qualified and competent DUI defense attorney in your area. Hopefully there is a video in each case that your attorney can use in your defense. Many times the arresting officer will make mistakes in the administration of the Standardized Field Sobriety Tests or in the reading/timing of the Implied Consent notice that may prove helpful in your defense. You should take these charges VERY seriously as convictions will not just affect your license but also your FREEDOM. Good Luck.

  4. Yes, convictions for DUI offenses occurring within 5 years of each other carries mandatory jail time in Georgia.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics