3rd DUI: Aggravated Misdemeanor

If you are facing a third DUI prosecution, the punishment and consequences of conviction are far more serious than your first experience with the criminal courts.   The third DUI conviction in ten years will be charged as a high and aggravated misdemeanor.


The Official Code of Georgia § 40-6-391 lays out the criminal sanctions of being convicted of a third DUI.


 For the third conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: fine of not less than $1,000.00 and not more than $5,000.00, a mandatory period of imprisonment of not fewer than 120 days and not more than 12 months, not fewer than 30 days of community service, completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days following his or her conviction,  a clinical drug and alcohol evaluation  and, if recommended as a part of such evaluation, completion of a substance abuse treatment program, and a period of probation of 12 months less any days during which the person is actually incarcerated.
The above described punishment is just for a single count of DUI.  Generally courts look for other offenses to extend jail or probation.  Many repeat DUI offenders also may be able to take advantage of a court run DUI court programs to lessen potential jail time.

If you are facing a second lifetime DUI prosecution contact an attorney who can help.  Call us today at 404-373-7735.