What sort of sentence can i expect my husband to get for his last DUI?I think this is my husband's 5th DUI in about 15 years. He got his first 3 in Georgia where we still live, and his last 2 in Virginia. He is facing court in a couple of months. Will he likely serve time? The last two are more than 5 years apart but less than 10. He is the primary money maker because of a heart defect that I have, plus we do have children at home as well. I am worried. Attorney answers (4)
First, be aware that Georgia passed sweeping changes to its DUI laws effective July 1, 2008. However, insofar as the PUNISHMENT, there cannot be a felony conviction in Georgia regardless of how many DUIs he has had, unless 4 or more offenses occur July 1, 2008 AND AFTER. So, it sounds like he will only be facing a misdemeanor, but probably a high and aggravated misdemeanor, if the State can obtain adequate proof of the prior convictions.
There is some good news. Much of the new Georgia law left untouched most of the rules of "first DUI in five years". This includes the ability to get a "work permit" so that your husband can drive. If he has more than one conviction within 5 years (counting date-of-arrest to date-of-arrest), then he faces harsh MANDATORY penalties in Georgia. If the current offense is the first in 5 years, but 3rd in 10 years, he will have some tough punishment, but once he is out of custody, he can get a work permit (limited permit) to drive. This PDF downloadable chart (2 sided) will answer some of your questions: http://www.dui.tv/galaws.pdf. Insofar as whether ALL prior offenses will be "counted", the answer is "almost 100% guaranteed'. The age of the computer assures that the Georgia court handling the current case will dredge up his whole history. This is facilitated by the National Crime Information Center (NCIC), which has 18 files (categories of information) it keeps on ALL prior criminal cases around the USA. Read more about the federal government's role here: http://www.fbi.gov/hq/cjisd/ncic_brochure.htm To have had this many prior DUI-DWI cases, your husband clearly is an alcoholic. One of the things his current attorney can do to prepare him for court is to get started on a meaningful treatment program for his addiction. Facilities are available for little or no cost to him through a variety of sources. You can call this toll free number to a private group called Foundations Recovery Network, and the people at Foundations will guide him to a facility in his area. 877-345-3216. Or, you can go on-line and locate a facility. Look at: http://www.samhsa.gov/treatment/index.aspx I prefer speaking to a real person who is skilled at assessing alcohol issues, and asking for a recommendation. Good luck to both of you. William C. Head Atlanta, GA www.absolutely-not-guilty.com www.georgiacriminaldefense.com www.theduibook.com www.criminaldefenseadvice.com 1 person marked this answer as good
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Giving you an exact answer to your question is difficult, because it requires knowing what the prosecution is offering as a punishment or how a particular judge treats DUIs (especially subsequent DUIs) when it comes time for sentencing. However, I can shed some light on Georgia statutory minimum sentences for consecutive DUIs. If this is your husband's 3rd DUI in 10 years and the DUI occurred before July 7th of 2007, this constitutes a high and aggravated misdemeanor. He will be looking at a statutory minimum jail time of 15 days, a minimum of 240 hours (30 days) of community service, a minimum fine of $1000 but no more than $5000, a license revocation of 5 years, license plates to any cars registered in his name will have to be surrendered, and more than likely be required to undergo alcohol evaluation and treatment.
Please keep in mind these are merely the statutory minimum punishments for a 3rd DUI in 5 years and do not constitute any sort of limitation of punishment by the Court. Also, this does not include any other punishment they may be compounded with the DUI for other traffic offenses such as speeding, failure to maintain lane, etc. I hope this sufficiently answered your question. 3 people marked this answer as good
I was just wanted to correct a typo in my post above. I meant to say AFTER July 7th, 2007, not before. Sorry for any confusion.
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