Q: I went to court facing two DUI charges...
On Tuesday I went to court facing two DUIs from 2011. Neither officer showed up to court, but we went ahead with the first on the insistence of my public defender. After that I was labeled a Habitual Violator... I got 2 in 2005, these two in 2011 and two more in 2012 (which ive already went to jail and completed my probation for). Now I'm FINALLY being tried for these two from 2011. Like I said, we went ahead with the first, and I was given 30 days to be served on the weekends, and then the judge labeled me a habitual violator since technically that was my third. Now court for the "4th" is on May 30th, since I have not committed a "NEW" crime since being labeled habitual on Tuesday, do I still face the same punishment as a habitual violator? I have read GA Code Title 40 - Chapter 5 - Article 3 - S40-5-58, and as I understand it, I cannot be charged as a habitual violator until I commit a new offense after being labeled as such? Is this true, and if so... what am I facing?
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A:
Your record of arrests is not clear, but a 4th DUI within 10 years, if all 4 DUI arrests OCCURRED July 1, 2008 and after, is a FELONY. Depending on the Judge and Court, you can be doing up to 5 years in State prison.
As far as the HV offense, you cannot be "retroactively" penalized. It is another type of felony if you are even sitting behind the wheel of a vehicle, after being declared an habitual violator.
http://www.bubbahead.com/isaduiafelonyingeorgia.html
William C. Head
Atlanta GA
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