Top

The Effect of Prior DUIs on a Sentence

Question: I got arrested for DUI in Woodstock and I'm really scared that my other DUIs will be a major problem. I have two other DUIs. I got one in Alpharetta and one in Roswell. I got one of them 7 years ago and the other about 9 years ago. I need to get some advice on who those prior DUIs will affect me this time.

I got arrested in Woodstock two weeks ago because I fell asleep in my car at a McDonald's drive-thru. I was waiting for my food and I fell asleep and a cop was in the parking lot. He banged on my window to wake me up. I admitted to drinking but said that I only had a few beers. I took a blood test and I'm waiting for those results.

But I want to understand what I'm looking at because of the other DUIs. I went through a bad time at work and in my marriage so I used to drink a lot. I definitely won't get any more DUIs.

Please help me to understand what those other DUIs will mean. I need to stay out of jail.

N.K. in Canton, GA

Answer: For each DUI conviction, penalties increase. Under Georgia law, things like jail time and fines increase for each additional DUI. However, at trial, prior DUI convictions are not necessarily admissible. So a jury may not ever know that you have had other DUIs.

Some issues that a DUI attorney will examine to try to prevent the introduction of prior DUIs include:

  • Whether the client had counsel;
  • If the conviction was the result of a plea;
  • Whether the conviction is remote in time;
  • Whether the conviction was the result of an underage or juvenile DUI.

It is possible that the state may not be able to use prior DUIs pursuant to statutory prohibition or relevant case law. However, for sentencing purposes, a judge will base your sentence upon your prior DUIs.

With non-DUI convictions, your lawyer needs to make sure that they are not mentioned to the jury and that they are minimized as much as possible for sentencing or plea purposes.

About Us

As leading DUI lawyers, we know what you are going through. And we know what you are up against. Just call us at 678-215-4106.

Let our experience and connections help you. Our real life experience includes having served as a Magistrate Judge, an Assistant Attorney General and as an Assistant County Attorney.

So when you need DUI lawyer, attorneys William H. Sherman and Valerie W. Sherman should be your first choice!

Categories: 
Related Posts
  • Comprehensive Guide to Treating Alcoholism: On the Road to Recovery and Legal Implications Read More
  • How Can a Police Officer Tell if Someone’s Been Smoking Marijuana? A Comprehensive Look at Marijuana DUI in Georgia Read More
  • The One-Leg Stand Test for DUI: A Crucial Field Sobriety Test in Forsyth County, Georgia Read More
/

Contact Our Offices

Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (678) 712-8561.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.