Being arrested in Atlanta on a DUI Charge is stressful enough. However, being charged with more than one usually means there maybe an Alcohol problem. A person being arrested on a fourth DUI should be treated, not thrown in jail. But here are the facts:
A fourth Atlanta DUI or subsequent DUI within 10 years is a felony offense in Atlanta, but only convictions on or after July 1, 2008 are considered for this purpose. The maximum penalty for a fourth DUI conviction in Georgia within 10 years is 5 years in jail and a $5,000.00 fine plus court surcharges. The minimum penalty is a one year jail sentence of which all but 90 days can be probated, with credit for any time served after arrest, and a $1,000.00 fine. The judge can suspend half of the fine if you undergo an alcohol or drug treatment program approved by the court. Other mandatory requirements are 60 days (480 hours) community service, DUI school, 5 years probation less any time served in jail, a clinical evaluation and any recommended substance abuse treatment. All community service can be suspended if you are sentenced to serve 3 years in jail or more.
If your fourth Georgia DUI is also your third Georgia DUI or subsequent DUI within 5 years, you will also be subject to a $25.00 fee to publish a notice of your conviction and your photograph in your county newspaper. You will also be required to surrender the license plates to any vehicle registered in your name.
Any person convicted of a third or subsequent DUI within 5 years or any combination of three of the predicate offenses including fleeing or attempting to elude, racing, leaving the scene of an accident, DUI, homicide by vehicle, serious injury by vehicle, or fraudulent or fictitious use or application for a driver’s license, will be declared a habitual violator. “Habitual violator” is a status and is not a criminal offense in and of itself. You may be declared a habitual violator after convictions stemming from separate incidents or after only one incident involving three or more predicate offenses if convicted of at least three of those charges. This means that if you were arrested and charged with DUI, leaving the scene of an accident, and racing with all charges stemming from the same incident, you would be declared a habitual violator if convicted.
If you or someone you know has been arrested on a Fourth DUI in Atlanta, and is being charged with a Felony. You are going to need a Lawyer who can help that person get the treatment he or she may need to avoid Prison. People need help and throwing them in Jail is NOT the answer. Contact the Howard Law Group ASAP so we can start getting them the help they need and defend them from going to jail.