Q: My cousin in Georgia got a second DUI while the first case was pending. How will the matter proceed procedurally.
So my cousin got arrested very late last Sunday night. He was charged with DUI (his first), DC and trespassing (he walked into a random house after driving there). He was released on bond. The Gwinnett County docket only has Pre-filed charges for DC and trespassing. A couple days later, he passed out at the wheel and crashed his car. He claims it was because he took the wrong prescription. Regardless, he received another DUI. But he received his DUI at the hospital. He has since been released. I am advising him repeatedly to immediately go speak with Public Defender, but I think he is afraid of what he is going to hear.
What is going to happen? I do not know the terms of his bond so do not know if that will be revoked. Is that usually what happens? Will they release him on bail a second time? Will he need to be rebooked? What are the penalties like for an individual with two DUI's in the span of 5 days? Why is his first case still prefiled and why is the DUI not on the docket
A:
The maximum punishment that anyone in Georgia can receive for any misdemeanor is a year in jail and a $1,000.00 fine for each charge, if they were to run consecutively. I would agree that your cousin needs to speak with a local attorney, as outcomes, especially regarding DUIs vary from county to county. His county may have an accountability court (DUI court or drug court possibly, in his case) where he may be placed on a term of probation and have to abide by very restrictive conditions and frequently report to court/probation.
A local attorney may be able to review evidence and give him a better feel on what he can expect. There is mandatory jail time (24 hours) for even a first time DUI, but generally the time that he spent in jail awaiting bond can count as credit for time served. A second DUI (second in 10 years, so this is applicable to your cousin) comes with a mandatory 3 days or 72 hours jail time. There are also a number of classes and community service hours that are mandatory, if he is convicted.
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