100 Days of Summer H.E.A.T. Program Underway

/24-7/ -H.E.A.T. - Targeting Aggressive Drivers

This year, the Georgia Governor's Office of Highway Safety and local law enforcement agencies came together for the sixth year of the 100 Days of Summer H.E.A.T. (or "Highway Enforcement of Aggressive Traffic") program. The program is a multi-jurisdictional effort mounted by police departments, sheriff deputies, state troopers and state motor carrier compliance officers in 159 counties across the state to crack down on aggressive drivers during the busy summer season and other holiday seasons.

In particular, law enforcement officers target drunk drivers, speeders and those not wearing their seatbelts or using proper child safety restraints -- offenses that statistics have shown to be the top three causes of fatalities on Georgia's roadways.

Operation Zero Tolerance - Enforcing the State's DUI Laws

As a part of the H.E.A.T. program, the police ran a second campaign specifically during the Fourth of July holiday period to enforce Georgia's "Over the Limit, Under Arrest" program. Running from June 19-July 5, Operation Zero Tolerance sought to decrease the number of alcohol-related accidents and deaths during the weeks that preceded the long holiday weekend. Last year alone, nearly 50% of the fatalities during the 4th of July holiday involved a drunk driver. Police in several counties conducted DUI dragnets over the 4th of July weekend as part of Operation Zero Tolerance. It appears that such law enforcement efforts will continue over future holiday weekends, perhaps including the upcoming end of summer Labor Day period.

Georgia DUI Penalties

With the state's increased focus on enforcing its traffic laws -- and more specifically, drunk driving laws -- it is important for all drivers to be aware of the steep penalties they face for even a first time offense. In the state of Georgia, there is no such thing as a simple slap on the wrist for a DUI charge.

First Offenses

According to section 40-6-391 of Georgia's criminal code, first time DUI offenders face:
-A fine of not less than $300.00 and not more than $1,000. 00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation
-A period of imprisonment of not fewer than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph
-Not fewer than 40 hours of community service, except that for a conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not fewer than 20 hours
-Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program
-A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; provided, however, that in the court's discretion such evaluation may be waived
-Finally, if the person is sentenced to a period of imprisonment for fewer than 12 months, a period of probation of 12 months less any days during which the person is actually incarcerated

Second Offenses

For second offenses -- defined as any second DUI offense within a ten year period -- the potential penalties are tougher, and could include:
-A fine of not less than $600.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation
-A period of imprisonment of not fewer than 90 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 72 hours of actual incarceration
-Not fewer than 30 days of community service
-3 year license suspension
-Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program
-A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1
-A period of probation of 12 months less any days during which the person is actually incarcerated

Third Offenses

While first and second DUI offenses are categorized as misdemeanors, a third conviction within a ten year period is deemed a high and aggravated misdemeanor, with potential penalties as follows:
-A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation
-A mandatory period of imprisonment of not fewer than 120 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 15 days of actual incarceration
-Not fewer than 30 days of community service
-Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program
-A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1
-A period of probation of 12 months less any days during which the person is actually incarcerated
-Additionally, those receiving their third DUI conviction within five years of their second conviction are considered "habitual violators"

Fourth (and Subsequent) Offenses

A fourth DUI conviction within a 10 year period is a felony, as long as all of the DUI convictions occurred after July 1, 2008. As such, the penalties for a fourth conviction are more severe, and could include:
-A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation
-A period of imprisonment of not less than one year and not more than five years; provided, however, that the judge may suspend, stay, or probate all but 90 days of any term of imprisonment imposed under this paragraph. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose
-Not fewer than 60 days of community service; provided, however, that if a defendant is sentenced to serve three years of actual imprisonment, the judge may suspend the community service
-Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program
-A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1
-A period of probation of five years less any days during which the person is actually imprisoned

Treatment Programs

Anyone convicted of any DUI offense is required to complete a DUI Alcohol or Drug Use Risk Reduction Program (often referred to as "DUI School"). Also, those convicted of a DUI offense are required to undergo a clinical evaluation to determine if additional drug and/or alcohol treatment is necessary. If it is determined to be necessary, the offender is required to complete the program -- either as a part of their sentence or as a condition for their probation -- and pay for the program out-of-pocket.

Ignition Interlock Devices

Per section 42-8-111 of Georgia's criminal code, anyone who receives their second or subsequent DUI conviction within 5 years of a previous conviction is required to install an ignition interlock device in their vehicles for at least 6 months. Ignition interlock devices are breathalyzers installed in the car that the driver must blow into before starting the ignition. If the device detects any alcohol at all on the driver's breath, the vehicle will not start. The driver also may have to breathe into the machine at irregular intervals after the car has been started in order to continue operating the vehicle. Offenders are required to pay for the costs to install the ignition interlock device in addition to any maintenance fees.

Conclusion

The State of Georgia is taking drunk driving seriously, not just during the summer holiday season, but also throughout the entire year. If you have been charged with drunk driving, you should not underestimate the consequences such a charge will have on the rest of your life. Not only are you facing increased insurance premiums and losing your driver's license, but you also may be out thousands of dollars and have to live with the social stigma of being a "drunk driver." For more information on defending against a drunk driving charge, contact an experienced DUI attorney.

Article provided by Howard Weintraub PC

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