DRUNK DRIVERS FACE TOUGHER DUI LAW THIS LABOR DAY
Georgia’s New DUI Penalties Now In Effect
(ATLANTA) The Labor Day holiday is every Georgian’s last celebration of summer. But for some, it’s just another summer six-pack tradition to kick-off an entire weekend celebrating the consumption of adult beverages. And that makes Labor Day weekend one of the most dangerous travel periods on our highways because too many party-people leave their designated drivers behind at the barbeque. So every year, too many Georgians will die in alcohol-related crashes during the Labor Day weekend.
As of July 1st, Georgia now has a tough new DUI law on the books that sobriety checkpoints are enforcing on the roads! And it’s here just in time to kick-off Georgia’s Operation Zero Tolerance statewide DUI crackdown. During the 2008 legislative session the Georgia House and Senate passed House Bill 336, creating a felony-level DUI charge for those repeat offenders who’ve stacked up four drunk-driving convictions on their ten-year driving record rap-sheets. With this change in Georgia law, multiple DUI arrests can now lead to felony convictions against Georgia’s worst case high-risk violators.
Long-awaited by DUI crash victims and grieving family survivors, HB 336 is truly regarded as lifesaving DUI law for Georgia. “This landmark legislation carries heavier fines, mandatory offender evaluations and jail times, stricter probation, and longer community service penalties,” said Director Bob Dallas of the Governor’s Office of Highway Safety (GOHS). “It should make any responsible driver think twice before ever climbing behind the wheel while impaired.”
For the first time, Georgia’s new DUI Law requires first time offenders to undergo drug and alcohol evaluation. And if that evaluation deems necessary, the offenders must participate in strict, court-supervised substance-abuse treatment to decrease the likelihood of recurring offenses. (Under the old law, drug and alcohol evaluations were only required for second and subsequent offenses.) But when those DUI offenders have been convicted a fourth time, the law is designed for public safety priorities to kick-in with mandatory felony jail time for violators.
Even while it was still pending, this visionary legislation already had the endorsement of GOHS, MADD, and the State District Attorney’s Association. Bill sponsor, State Rep. Kevin Levitas (D-Atlanta) is himself a former prosecutor who perceived the random fatalities involving drunk drivers as more dangerous to the public and more frequent than the murder rate. “Sadly in murder cases, victims and perpetrators often know each other. But there is this randomness to DUI deaths where a car just suddenly crosses over lanes of highway and without warning kills someone on their way to church or school,” said Rep. Levitas.
“Until HB 336 was passed, even four-time shoplifting offenders were treated as felons under Georgia law, but a fourth-time DUI was still just a misdemeanor here,” said MADD-Georgia State Executive Director Denise Thames. “Georgia was one of only five states left with no DUI felony law. Now we have serious consequences for those repeatoffenders. A third time DUI offender needs a tough message and it should include more than just a few days of jail time.”
“Few people realize there’s research that shows people drive drunk 87 times before being caught for one DUI,” said Rep. Kevin Levitas. “Just try to calculate in your head how many times these multiple offenders may have driven drunk before they were caught the fourth time and charged and convicted under the old law. It’s time we got their attention.”
Georgia’s new felony DUI law applies to offenses occurring on or after July 1, 2008. Under its provisions:
· First and Second DUI Convictions are treated as misdemeanors..
· Third DUI Convictions are treated as high and aggravated misdemeanors..
· Fourth or Subsequent Convictions committed within ten years are treated as felonies..
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This summary of HB 336 is not intended as a technical interpretation of the law. For a full reading of the actual statute see the DUI law feature on our OZT webpage at www.gahighwaysafety.org .
First Time DUI convictions carry these penalties:
· Fines ranging from $300.00 to $1,000.00
A period of imprisonment from ten days to 12 months (judge may probate all but 24 hours of jail time)
· A minimum of 40 hours of Community Service for DUI at .08 BAC or above/
Or a minimum of 20 hours of Community Service for DUI below .08 BAC
· Completion of a DUI Alcohol or Drug Use Risk Reduction Program
· A clinical evaluation and completion of any necessary treatment
· 12 months of probation, less any jail time served
Second Time DUI convictions carry these penalties:
· Fines ranging from $600.00 to $1,000.00
· A period of imprisonment from 90 days to 12 months (offender must serve 72 hours of actual jail time)
· A minimum of 30 days of Community Service
· Completion of a DUI Alcohol or Drug Risk Reduction Program
· A clinical evaluation and completion of any necessary treatment
· 12 months of probation, less any jail time served
Third Time DUI convictions carry these penalties:
· Fines ranging from $1,000.00 to $5,000.00
· Period of imprisonment from 120 days to 12 months (offender must serve 15 days of actual jail time)
· A minimum of 30 days of community service
· Completion of a DUI Alcohol or Drug Risk Reduction Program
· A clinical evaluation and completion of any necessary treatment
· 12 months of probation, less any jail time served
Fourth Time or subsequent DUI convictions carry these penalties:
· Fines ranging from $1,000.00 to $5,000.00
· A period of imprisonment from one to five years (offender must serve three months of actual jail time)
· A minimum of 60 days of Community Service
· Completion of a DUI Alcohol or Drug Risk Reduction Program
· A clinical evaluation and completion of any necessary treatment
· 5 years of probation, less any jail time served
The Governor's Office of Highway Safety issues this warning to party responsibly this Labor Day holiday: During “OZT” police in Georgia will conduct major waves of concentrated patrols and sobriety checkpoints throughout the state from Friday, August 15, through Monday, September 1, 2008 to protect law-abiding motorists and their families from impaired drivers on our highways. Whether meeting a few friends after work or traveling the holiday barbeque circuit, friends should never let friends drive drunk. Remember to designate a sober driver in advance – Before the Labor Day festivities begin. What can you do to protect your family on the highway this summer? Your best protection against a deadly encounter with a drunk driver.. Is a buckled safety belt. So Buckle-up. Slow Down. Drive Sober.
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Governor’s Office of Highway Safety Public Information Unit
Jim Shuler, Public Affairs Director – 404-656-6996 –
34 Peachtree Street—Suite 800—One Park Tower—Atlanta, Georgia 30303
Visit us on the web at www.georgiahighwaysafety.org
Sonny Perdue, Governor Robert F. Dallas, Director