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Fourth or Subsequent DUI

A fourth DUI conviction within a 10 year period of time, as well as any subsequent DUIs, are felony offenses. For purposes of this statute, all four offenses must have taken place on or after January 1, 2008. This is calculated based on arrest dates, not conviction dates. As with all felonies, this means that the potential penalties are severe. In a DUI case, much discretion is given to judges, and they have a wide range of options when deciding an appropriate sentence for a Fourth or Subsequent DUI in 10 Years. This means that it is essential to ensure that you have the best legal representation. Only a Georgia DUI Attorney who knows the law and who can present your case in the best possible light should represent you.

What are the legal penalties for a Fourth or Subsequent DUI Conviction within a 10 year period of time?

      

  • At least 90 days but not more than 5 years in jail or prison       
  • 5 Years of Probation       
  • A fine of $1,000 – $5,000 plus surcharges       
  • At least 60 days of Community Service at a Non-Profit Entity 501(c)(3) Organization       
  • DUI Alcohol or Drug Use Risk Reduction Program (See here for list of approved schools)       
  • Clinical Evaluation and Treatment       
  • License Revocation

Fourth or Subsequent DUI in 10 Years FAQ

Will I go to jail if I am convicted of a fourth or subsequent DUI in 10 years?

Almost certainly. O.C.G.A. § 40-6-391 states that the penalty for a fourth or subsequent DUI in 10 years carries a minimum of 12 months to serve. However, the law also states that all but 90 days of this may be served on probation.

What about probation?

For a fourth or subsequent DUI conviction in 10 years, probation is a guarantee. The law mandates a 5-year probation term, minus any time spent in jail or prison. Thus, if the judge orders a 5-year sentence with one year to serve in jail, the remaining 4 years will be served on probation. Keep in mind, however, that this applies only if the DUI is the sole

conviction. Many people who are convicted for DUI also have associated charges. These may be, for example, traffic charges or drug charges. If you are convicted of multiple criminal offenses as part of the same case, a judge may order that sentences be served consecutively, or back to back. This means that sentences may be much longer than they would be for a DUI alone.

Probation also usually charges a supervision fee. The amount of the monthly fee depends on the jurisdiction but may be anywhere from $35 to $65 per month.

Is there a fine for a Fourth or Subsequent DUI in 10 Years?

Yes. Individuals convicted of a fourth or subsequent DUI in 10 years must pay a fine of $1,000 – $5,000, plus court costs. Note that this is not inclusive of any supervision fees that probation may require you to pay.  This fee may not be suspended or stayed.

Are there other requirements?

Yes. The law requires that judges order individuals convicted of a Fourth or Subsequent DUI complete at least 60 days of community service at a 501(c)(3) non-profit organization. However, if the individual is required to serve 3 or more years in jail, the judge is not required to order community service. Judges must also a DUI Alcohol or Drug Risk Reduction Course, which must be completed within 120 days of conviction. If the person is incarcerated, he or she must complete Risk Reduction within 90 days of release from incarceration. A clinical evaluation and follow-up treatment (if recommended) is also required.

What are the license implications of a Fourth DUI in 10 years?

If you are convicted of a fourth DUI in 10 years, you are considered to be a Habitual Violator and your license will be revoked for a period of 5 years. A person whose license has been revoked under this provision, which is codified in

O.C.G.A. § 40-5-58, may be eligible for a limited permit after serving two years of the revocation. However, he or she is not eligible for full, unconditional reinstatement until five years have passed.

Do I need to hire an attorney for a fourth DUI in 10 years?

Yes, absolutely. Georgia takes all DUI cases very seriously. But it treats those convicted of Felony DUI extremely harshly. Not only is there the strong possibility of prison time, but felons face a whole host of collateral consequences after conviction. For example, a person convicted of a felony may not vote for a period of time, and in most cases lose their rights to own firearms forever.

Do not face these life-altering consequences alone. Contact me today.

URGENT: If you have been arrested for DUI in Georgia, you have only 30 days to appeal the administrative suspension of your driver’s license or to install an ignition interlock device on your vehicle. If you fail to act, your license will be suspended. Do not wait until your license is suspended. Know your options. Get in touch today.



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Kevin Fisher


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