Driving while under the influence of drugs or alcohol (DUI) can have serious criminal consequences, as well as driver's license consequences. In assessing the consequence for a DUI case, judges have less room for exercising their own judgment than in many other types of criminal cases. This is because the consequences for DUI cases are governed by statute. As a general rule, the consequences for driving while under the influence of alcohol and the consequences for driving while under the influence of prescription drugs or, in the alternative, illegal drugs, are the same. There are some small driver's license consequences that are different, but the judges in criminal courts generally treat all offenders the same.

There are two types of consequences that increase based on the number of prior DUI convictions a person has. First, a person can be charged with a more serious offense if they have prior DUI convictions in the past ten years. Second, a person can face more serious consequences if they have prior DUIs. While judges and prosecutors are limited to only counting prior DUIs that occurred in the past ten years when determining charges, most judges and prosecutors will consider DUIs that are even more than ten years old when considering consequences in a given DUI case.

Consequences for a First DUI in Roswell County

When someone is facing their first DUI charge, the potential penalties that may be imposed by the court include:

• Jail time: Between 1 and 10 days
• Fine: at least $300, as well as court costs and surcharges
• 40 hours of community service (this is a minimum – the court may impose more community service if they are so inclined)
• Probation: 12 months
• Attendance of a MADD Mothers' Victim Impact Panel
• Mandatory attendance of the DUI Risk Reduction School (sometimes referred to as DUI School)
• Driver's license suspension
• Imposing limitations on one's driving with a limited driving permit
• Mandatory chemical use assessment (CUA) and, where appropriate, substance abuse counseling

There are circumstances where the court can waive the required jail time. However, this does not happen automatically and it does not happen in every case.

Consequences for a Second DUI in Roswell County

When someone is facing their second DUI charge, the potential penalties that may be imposed by the court include:

• Jail time: between 90 days and 12 months (however, most of this time can be served through probation. A minimum of three days, however, must be served at the jail.)
• Fine: at least $600 and as much as $1000 as well as mandatory surcharges and court costs
• 240 hours (30 days) of community service
• Probation lasting between 12 and 36 months
• Mandatory attendance of the DUI Risk Reduction School
• Driver's license suspension for 120 days
• Mandatory of ignition interlock device on one's vehicle after the suspension period
• The surrender of one's license plate
• Substance abuse counseling (this is not optional)
• Photo publication in the county where the offense occurred

Consequences for a Third DUI in Roswell County

When someone is facing their third DUI charge, the potential penalties that may be imposed by the court include:

• Jail time: between 120 days and 12 months (minimum of 15 days actually served in the jail, with the balance served on probation
• Fine: minimum of $1,000 and up to $5,000, along with court costs and surcharges
• 240 hours (30 days) of community service
• Probation for 12 to 36 months
• The suspension of one's driver's license for five years
• Required use of ignition interlock device on one's vehicle following a two-year mandatory suspension period
• The surrender of one's license plate
• Substance abuse treatment (this is not optional)
• Photo publication in the county where the offense occurred
• Identified as a habitual violator (getting another DUI as a habitual offender has additional criminal consequences)

A third DUI within a ten-year period is a more serious offense and is referred to as a high and aggravated misdemeanor, which is a more serious offense.

Consequences for a Fourth DUI in Roswell County

When someone is facing their fourth DUI charge, the potential penalties that may be imposed by the court include:

• Prison sentence of between one and five years
• Fine: at least $1,000 and as much as $5,000 along with the court costs and surcharges
• 480 hours (60 days) of community service
• Required attendance of the DUI Risk Reduction School
• Driver's license suspension for ten years
• License plate surrender
• Substance abuse treatment (This is not optional)
• Photo publication in the county where the offense occurred
• Lifelong convicted felon

A fourth DUI within a ten-year period is a felony offense.

Sentencing Alternatives for DUI Cases in Roswell County

Unfortunately, there are not a lot of sentencing alternatives for DUI cases in Roswell County. The laws tend to be fairly limiting in what a court can do. While some jurisdictions offer DUI court, people often find they receive greater sanctions in DUI court.

Are You Facing DUI Charges?

Whether you are facing your first DUI case or your fourth, it is a good idea to contact an experienced DUI attorney to represent you in your case. There are legal challenges that can be mounted, from the stop of your car to the detention of your person, to the nature and quality of the testing that is performed to the interpretation of the test results. Our DUI lawyers leave no stone unturned as we pursue every legal defense available to you based on the facts and circumstances of your case. Call us today for a free consultation at 404.816.4440.