When someone is sentenced for driving while under the influence of drugs or alcohol (DUI) in Hall County, there are a number of different factors that can impact a person's sentence. In Georgia, prior DUIs can impact the nature of the charges filed, as well as the severity of the punishment at sentencing. Under Georgia law, the government may review a driver's record for the past 10 years (called the “look back” period) and count any prior DUIs in that time frame when assessing charges or consequences. While 10 years is the limit for using prior DUIs to enhance the charges, prosecutors and judges are not prohibited from considering DUI convictions over 10 years old in assessing consequences.

In addition to criminal consequences, Georgia allows the government to look back over the past five years when assessing driver's license consequences for a DUI offense.

Consequences for a First DUI in Hall County

When someone is facing their first DUI charge, the potential penalties that may be imposed by the court include:

• Mandatory attendance of the DUI Risk Reduction School (sometimes referred to as DUI School)
• Attendance of a MADD Mothers' Victim Impact Panel
• The suspension of one's driver's license
• A limited driving permit
• Chemical use assessment and, where appropriate, substance abuse counseling
• 40 hours of community service (this is a minimum – the court may impose more community service at their discretion
• Fine of at least $300, as well as surcharges and court costs
• Between 1 and 10 days in jail and
• 12 months of probation.

The court may waive the jail time in certain circumstances. One of the many reasons to hire an attorney to represent you in your DUI case is that your attorney may be able to negotiate a settlement with the prosecutor regarding the jail time. In addition, a DUI defense attorney knows the arguments that do and do not accurately reflect the law in regards to reasons the court may choose not to impose jail time or as much jail time as the maximum allowed by law.

Consequences for a Second DUI in Hall County

When someone is facing their second DUI charge, the potential penalties that may be imposed by the court include:

• Mandatory attendance of the DUI Risk Reduction School
• The suspension of one's driver's license for 120 days
• Required use of ignition interlock device on one's vehicle after the mandatory suspension period
• The surrender of one's license plate
• Mandatory substance abuse counseling
• Photo publication in the county where the offense occurred
• 30 days (240 hours) of community service
• Fine of at least $600 and up to $1,000 as well as court costs and surcharges
• Between 90 days and 12 months in jail (most of which can be done through probation, however at least three days must be served in the jail)
• Probation lasting between 12 and 36 months

Consequences for a Third DUI in Hall County

When someone is facing their third DUI charge, the potential penalties that may be imposed by the court include:

• Mandatory attendance of the DUI Risk Reduction School
• The suspension of one's driver's license for five years
• Required use of ignition interlock device on one's vehicle after a two year mandatory suspension period
• The surrender of one's license plate
• Mandatory substance abuse treatment
• Photo publication in the county where the offense occurred
• Declaration one is a habitual violator
• 30 days (240 hours) of community service
• Fine of at least $1000 and up to $5000 as well as court costs and surcharges
• Between 120 days and 12 months in jail (most of which can be done through probation, however at least 15 days must be served in the jail)
• Probation lasting between 12 and 36 months

A third DUI within a ten-year period is a High and Aggravated Misdemeanor, which is a more serious offense.

Consequences for a Fourth DUI in Hall County

When someone is facing their fourth DUI charge, the potential penalties that may be imposed by the court include:

• Mandatory attendance of the DUI Risk Reduction School
• The suspension of one's driver's license for ten years
• The surrender of one's license plate
• Mandatory substance abuse treatment
• Photo publication in the county where the offense occurred
• 60 days (480 hours) of community service
• Fine of at least $1,000 and up to $5,000 as well as court costs and surcharges
• Between 1 and 5 years in prison
• Convicted felon for life

A fourth DUI within a ten-year period is a felony offense.

Consequences of a Drug DUI Charge

The consequences for a drug-related DUI charge, whether a prescription drug charge or an illegal drug charge are basically the same as for any other DUI charge. However, those convicted of DUI drugs often do not qualify for a restricted license or limited permit, except in very rare circumstance.

Sentencing Alternatives

Unfortunately, there are not a lot of good sentencing alternatives in DUI cases in Hall County. Your best bet is to have an attorney review the case so they can look for issues regarding the stop of your car, the detention of your person, the sufficiency of the collection of the sample, the quality of the testing that was done, and other legal and constitutional challenges in an attempt to reduce your charges or get your case dismissed.

Are You Facing DUI Charges?

Our experienced Hall County DUI attorneys are available 24 hours a day, seven days a week to take your call and answer your questions. Contact us today to discuss your case. We look forward to taking your call at 404.816.4440.