For most of us, Thanksgiving is a time to relax, reconnect with family, and enjoy a well-deserved break. It’s also one of the busiest times of year, especially when it comes to DUI arrests.
At Kevin Fisher Legal, we want you to celebrate, be thankful, and enjoy being around your loved ones! But, we also want you to stay safe. If you plan to celebrate with a drink this holiday season, it’s important to understand how DUI enforcement ramps up and what to do if you find yourself facing criminal charges.
The Thanksgiving DUI Spike
Thanksgiving weekend, particularly the night before holiday is notorious for heavy drinking and increased impaired driving. According to the National Highway Traffic Safety Administration, the period between Thanksgiving and New Year’s consistently sees some of the highest rates of DUI arrests and alcohol-related crashes.
Police departments across Georgia will likely increase patrols and set up sobriety checkpoints to catch impaired drivers. You can learn more about DUI checkpoints here.
Understanding DUI Charges in Georgia
The consequences of being convicted of a DUI in Georgia can be severe, and depend on many factors, including whether this is your first, second, or third DUI and if someone is injured. These factors are crucial and can be the difference between spending a day or years behind bars.
In most cases, your first DUI will be treated as a misdemeanor. If you are convicted for the first time of a DUI you could face the following consequences: 1) 24 hours to 12 months of jail time, 2) 12 months of probation, 3) a fine of $300 to $1,000 (plus surcharges and court costs), 4) 40 hours of community service at a non-profit organization; 5) DUI alcohol or drug use risk reduction program, 6) clinical evaluation and treatment, and/or 7) a license suspension.
Under O.C.G.A. § 40-6-391 (the DUI statute), a person must be sentenced to no fewer than 10 days to serve in jail if the individual’s blood alcohol concentration was 0.08 grams or more at the time of the offense. However, the code also says that all but 24 hours of this time may be served on probation. If the individual’s blood alcohol concentration was under 0.08 grams at the time of the offense, the entire sentence may be probated.
A second DUI in ten years, like a first DUI, is considered a misdemeanor in most cases, unless serious injury or major property damage resulted from the offense. If you are convicted of a second DUI in 10 years, you could face any of the following consequences: 1) 72 hours to 12 months of jail time, 2) 12 months of probation, 3) a fine of $600 – $1,000 plus surcharges, 4) 240 hours of community service, 5) risk reduction, 6) clinical evaluation and treatment, and/or 7) a license suspension.
It’s important to note that a second DUI can result in a sentence of up to 12 months in jail. Under O.C.G.A. § 40-6-391, though, the judge may probate all but 72 hours of that time. This means that 72 hours of jail time is mandatory under the law, but the rest may legally be served on probation rather than in jail.
Under O.C.G.A. § 40-6-394, a person commits the offense of Serious Injury by Vehicle when he or she, while violating either O.C.G.A. § 40-6-391 (the DUI statute) or O.C.G.A. § 40-6-390 (the Reckless Driving statute) causes serious injury to another person.
Serious Injury by Vehicle, unlike most DUI offenses, is a felony offense. It carries a minimum sentence of one year of imprisonment, with the maximum being a 15-year sentence.
No matter the charge, a DUI related arrest can impact your job, finances, and future. That is why it is critical that you are supported by an experienced criminal defense attorney.
Have Questions? Give Me a Call.
I want everyone to enjoy the holiday season safely. If you plan to drink, use a designated driver, rideshare service, or public transportation. If you or someone you know is charged with a DUI this holiday season, I am available to provide immediate guidance and help. Everyone deserves quality reprsentation. Give me a call today!