Until around 2000, enhanced DUI was not a thing in most states, including Georgia. In fact, ordinary DUI was little more than a traffic ticket. DUI laws were weak and sporadically enforced. Then a long-term DUI crackdown began.
Much of the crackdown, including DUI roadblocks and mandatory arrest policies, focused on enforcement. Other aspects of the crackdown focused on what happens in court. These aspects are the focus of this blog.
Some kinds of DUI enhancements are informal or subject to the whim of court prosecutors. Other kinds, such as the ones discussed below, are set in state law.
Enhanced DUI charges are scary, but for a Marietta criminal defense lawyer, an enhanced case is much like an ordinary case. The same basic procedural and substantive defenses apply. In their rush to arrest “drunk” drivers, many officers take shortcuts. Furthermore, the state must prove guilt beyond any reasonable doubt in court. Frequently, the required volume of evidence is simply unavailable.
What Are DUI Enhancements in Georgia?
DUI enhancements are additional penalties imposed on top of the standard consequences for a DUI conviction. In Georgia, a basic DUI charge already carries serious repercussions, including fines, possible jail time, community service, and license suspension. However, when specific circumstances are involved, the penalties increase substantially.
Most prosecutors charge the worst crime possible under the facts. If there’s any chance an ordinary DUI can be elevated to an enhanced DUI, prosecutors always take that chance.
High Blood Alcohol Concentration (BAC)
A .08 BAC is the legal limit for most drivers in Georgia. A high BAC indicates a greater level of impairment, which increases the risk of accidents and injuries. So, if the defendant’s BAC is significantly higher (typically above 0.15) enhanced penalties may apply, such as:
- Higher fine,
- Mandatory alcohol education program,
- Longer probation periods, and
- Additional community service hours.
For prosecutors, chemical test results are critical in these cases. These test results must be reliable and accurate.
Calibration issues seemingly unrelated to the arrest affect reliability. If a Breathalyzer hadn’t been calibrated in six months (the upper limit) and the department did not pull nonfunctioning Breathalyzers from service, the Breathalyzer’s reliability could be an issue.
Failure to observe the subject may be the most common accuracy issue. If the subject burps or belches fifteen minutes prior to the test, ethanol particles in the stomach flood into the mouth and skew the results. If no one was watching the subject, prosecutors cannot say for sure that the air sample was pure and untainted.
Repeat DUI Offenses
Georgia has a ten-year lookback period for DUI offenses. Defendants charged with multiple DUIs within this timeframe, each subsequent offense carries more severe consequences.
- Second DUI Offense: Mandatory jail time, longer license suspension, and higher fines.
- Third DUI Offense: Charges upgraded to high and aggravated misdemeanor, which has even stricter penalties.
- Fourth DUI offense: A felony, which can result in prison time as well as long-term license revocation.
Additionally, repeat offenders often face enhanced monitoring requirements, including ignition interlock devices and substance abuse treatment programs.
We mentioned informal enhancements above. Prosecutors can use any DUI, regardless of its age, for sentencing purposes, either during pretrial settlement negotiations or at trial.
DUI with a Minor in the Vehicle
Driving under the influence with a child under the age of 14 in the vehicle may be the most serious aggravating factor in Georgia. Additional penalties may include:
- Extra fines,
- Additional jail time, and
- Separate criminal charges for each child in the vehicle.
This enhancement, which reflects the increased danger posed to vulnerable passengers, also spills over into other areas, such as juvenile court. Frequently, authorities also file child endangerment charges in these situations.
These cases often have procedural defenses, such as lack of reasonable suspicion for the stop. Driving with child passengers after dark does not meet the legal standard.
Causing Injury or Death
If a DUI-related collision causes injury or death, the penalties escalate dramatically. These cases may lead to felony charges such as vehicular assault or vehicular homicide. Consequences can include:
- Significant prison sentences,
- Permanent criminal record,
- Revocation of driving privileges, and
- Civil liability for damages (in separate civil proceedings).
We should touch on the difference between license suspension and license revocation. After the suspension period ends, a driver can pay a reinstatement fee and jump through a few other hoops and re-activate a suspended license. But when a revocation period ends, the driver must get a new license, and the DUI convictions may be disqualifying.
Refusal to Submit to Chemical Testing
Unlike neighboring Florida and some other states, Georgia does not have a refusal-to-submit law that makes refusing a chemical test a separate criminal offense.
However, Georgia does have an implied consent law. When they sign their licenses, drivers agree to chemical testing (breath, blood, or urine) when suspected of DUI. Refusing to take a test can trigger automatic penalties and may be used against you in court. Enhancements include:
- Automatic license suspension,
- Longer suspension periods for repeat refusals, and
- Use of refusal as evidence of guilt.
A Marietta criminal defense lawyer can challenge many of these penalties in a separate Administrative License Revocation proceeding.
Collateral Consequences of DUI Enhancements
Immediate penalties are just the beginning of DUI enhancement issues. An enhanced DUI conviction usually has long-term consequences that affect many areas of life, including:
- Employment opportunities,
- Insurance rates,
- Immigration consequences,
- Professional licenses, and
- Personal reputation.
Ordinary DUI has the same collateral consequences in many cases. Enhanced DUI multiplies these effects.
How Georgia Courts Handle DUI Enhancements
A few final words about the procedural difference between ordinary and enhanced DUI. Georgia courts take a strict approach to enhanced DUI cases. Judges often have limited discretion when mandatory minimum penalties apply, especially for repeat offenses or injury cases.
Prosecutors may also pursue additional charges to strengthen their cases, particularly when aggravating factors are present. These additional charges can lead to more complex legal proceedings and higher stakes for defendants.
Enhanced DUI is bad news for defendants, but these charges are defensible. For a free consultation with an experienced criminal defense attorney in Marietta, contact the Phillips Law Firm, LLC. Virtual, home, and jail visits are available.
