You Have Hope, But You Need An Atlanta DUI Lawyer First
If you have been arrested for a fourth DUI in Atlanta, it's vital that you understand your legal options. An arrest does not mean that you will be automatically convicted, even in cases of multiple DUI. There are many factors that an experienced attorney can review and potentially use to weaken the prosecution's case against you. This may lead to favorable options such as case dismissal, not guilty verdicts, reduced charges and more.
Atlanta Fourth DUI Lawyer
Under Georgia's new DUI laws that took July 1, 2008, a fourth DUI offense can be charged and prosecuted as a felony, but only if all prior convictions occurred on or after July 1, 2008. In other words, the Georgia legislature made the new law prospective instead of retroactive.
Penalties and Punishments in Georgia for a Fourth or Subsequent DUI
Georgia's felony version of the DUI law provides for felony penalties including:
- a minimum sentence of one year with a maximum sentence of five years in Georgia State Prison (the court may suspend all but 90 days of actual incarceration);
- a fine from $1,000 up to $5000 plus all statutory surcharges;
- A requirement of at least 60 days of community service (although the judge can waive this requirement if the person is sentenced to three or more years in prison) ;
- successful completion of a DUI school and treatment program including an alcohol or drug abuse evaluation, assessment and completion of all recommended follow up treatment.
For DUI convictions that occurred before July 1, 2008, those offenses cannot be counted a predicate offenses under the felony version of the DUI laws for a fourth or subsequent conviction. Instead, the offense can be charged as a third or subsequent DUI which is a "high and aggravated" misdemeanor.
Benjamin Von Schuch, Attorney at Law | 4th DUI Arrest Attorney in Fulton County
Contact Benjamin Von Schuch to discuss the facts of your case directly with an experienced DUI attorney in Atlanta. Benjamin Von Schuch represents clients charged with serious driving offenses such as a second, third or fourth DUI throughout Fulton County and the surrounding areas including Marietta or Smyrna in Cobb County, Decatur in DeKalb County, Jonesboro in Clayton County and Lawrenceville in Gwinnett County, Georgia.