DeKalb County DUI Third Offense Felony Lawyer
A third DUI offense within a ten-year period is known as a high and aggravated misdemeanor. Technically, a DUI third offense is not a felony and is still classified as a misdemeanor. The penalties associated with a conviction, though, are harsher than those associated with typical misdemeanors. For example, the fines are much higher and a person may be deemed as a Habitual Violator, which can significantly impact their future. Below, our DeKalb County DUI third offense felony lawyer outlines further details.
Penalties for DUI Third Offense in Ten Years
After a conviction for a DUI third offense, a person must spend a minimum of 120 months in jail. However, under Georgia law, all but 15 of those days can be spent on probation rather than in jail. This means that criminal law judges have a great deal of discretion to determine whether a person convicted of a DUI within ten years spends 15 days, six months, or more in jail. Other penalties for a DUI third offense may include:
- Fine between $1,000 and $5,000
- 240 hours of community service at an approved non-profit organization
- DUI Risk Reduction Program completed at an approved school
- Clinical evaluation and, if appropriate, completion of the program
- Revocation of driver’s license, if it is the third DUI in five years
The Look Back Period for a DUI Third Offense
The justice system in DeKalb County, and throughout Georgia, is ten years. This means that when a judge determines a sentence for a DUI third offense, they can only look back at the previous ten years. If you had a prior DUI offense that happened 12 years ago, it will not be considered in your case. However, if your last DUI offense was seven years ago, that offense will be considered.
The Georgia Department of Driver Services does not have the same look back period as the criminal justice system. The Department will only look back on the last five years when determining the penalties a person should face regarding their driver’s license.
However, if a person is convicted of a DUI third offense, their driver’s license will be revoked, and not merely suspended. In these instances, a person will be considered a Habitual Violator. This will result in even harsher penalties if the person is caught driving. A probationary driver’s license is also not available in these cases until at least two years have passed.
Our DeKalb County DUI Third Offense Felony Lawyer Can Help with Your Case
While a DUI third offense is not a felony in Georgia, the penalties associated with a conviction are still devastating. For this reason, you should never try to defend your case on your own. Instead, you need the help of a DUI third offense felony lawyer in DeKalb County. At The Spizman Firm, our experienced attorney can craft the strong defense you need to beat the charges and protect your freedom. Call us now to schedule a consultation with our experienced attorney and to get the legal advice you need.
