First, Second and Third DUI Offenses
Penalties of DUI, and related drunk driving charges can be complex and extensive, depending on the number of DUI offenses you have, or if the DUI caused someone to be permanently injured or killed. Jeff M. Heller, Attorney at Law, highlights a few important matters that are helpful to know if you’ve been charged as an offender or are in a Georgia county subject to many DUI stops.
Georgia has an implied consent law, which means that any driver in Georgia has given permission to the police to conduct a preliminary Breathalyzer test, simply by driving. All an officer needs to prove to the court is that the officer had “a particularized suspicion that the person arrested for DUI was indeed under the influence.”
How Drunk Driving Punishment is Determined
Many times the punishment for DUI, whether it be first, second or third offense, is conditional on the type of drunk driving accident and as mentioned above, the reason for the initial Cherokee County DUI stop. Georgia law indicates the following blood alcohol levels for considering DUI punishments:
- Zero Tolerance BAC level of .02
- Per Se BAC Level of .08
- Enhanced Penalty BAC Level of .15
- Georgia DUI Law
- Administrative License Suspension/Revocation: 1st/2nd/3rd Offense
- Mandatory Alcohol Education and Treatment/Assessment: All offenders
- Vehicle Confiscation: Possible on 4th Offense
- Ignition Interlock Device: Possible: with 2nd offense
- In addition to these standard DUI penalties, those arrested are subject to other criminal law penalties, including jail time, fines, and community service, depending on the judgment of the court.