Georgia DUI and First Offender Probation
DUI laws in the state of Georgia can have different consequences, depending on your particular case and your defense strategy. In most cases, for first time offenders, the court can sentence straight jail time, straight probation or a combination of jail and probation to anyone who is convicted of DUI. As the punishment implies, straight jail time means that the person has to serve a term in jail as ordered by court with no probation. Usually, in the case of a Felony DUI in Georgia, the offender is sentenced to straight jail time. In the case of a misdemeanour or a first time felony drug offense, the court may order a straight probation, without any jail time. According to the local DUI laws of Georgia, the probation could be any of these three types:
- Regular Probation
- First Offender Probation
- Deferred Adjudication for drug offenses
Your DUI lawyers or attorneys will be able to guide you if the option of a First Offender Probation or Deferred Adjudication is available to you or not. This depends on several factors and has its own pros and cons which are discussed below.
First Offender Probation
A First Offender Probation in Georgia is available to first time offenders in most cases if the offender has not committed a violent crime. The biggest advantage of First Offender Probation is that if the offender successfully completes and meets all the conditions of the probation, then he or she will not have a conviction on their record. Similarly, if the offender is sentenced to probation on a drug offense, the offenders drivers license will not suffer suspension.
Who qualifies for First Offender Probation?
To qualify for First Offender Probation, the offender should not have a prior felony conviction on the record. When sentenced to first offender probation, your lawyer or attorney should tell you about its advantages and disadvantages. If you do not have a lawyer or attorney representing you, you must ask the judge to consider first offender probation. The judge will then review your prior record and may allow you to be placed on First Offender Probation.
Disadvantage of First Offender Probation
Apart from the advantages, First Offender Probation does have a downside, which can be devastating for the offender. If the offender violated any of the terms and conditions of the probation, the judge can revoke the sentence, modify it to a jail sentence instead of probation, or may decide to continue the probation, depending on the violation. In cases where the initial potential sentence was longer (lets say 15 years) which was sentenced to 8 years of First Offender Probation, a violation of the terms and conditions at any time during the probation can change the courts sentence and make it go against the offender. The judge can also enter an adjudication of guilt, whereby he can not only revoke the probation, but also sentence the offender to jail up to the full sentence allowed by the law. Therefore, anyone who is sentenced to First Offender Probation will need to be very careful in following the terms as laid by the court.
Terms and Conditions of Probation
According to Georgia DUI laws, a person who is sentenced probation has to follow certain terms and conditions as laid down by the judge. These terms and conditions include:
- Performing hours of community service
- Paying a fine or compensation for any loss or damage
- Staying away from certain persons or places, such as where alcohol or intoxicated beverages are sold
- Home confinement
- Installation of an ignition interlock device to the vehicle driven by the offender
- Completing a drug counselling and treatment program
- Banishment from the judicial circuit
If the offender is found violating any of the above listed conditions, he/she may have to face jail sentence.
In the case if the offender is charged with another DUI offense while under First Offender Probation, according to Georgia law, the GCIC (Georgia Crime Information Centre) is required to change the probation sentence to a conviction. Due to this reason, First Offender Treatment is specifically prohibited by law for DUI cases. If you are a first time DUI offender, you must talk to your DUI lawyer about the possibility of First Offender Probation.
Author Bio
Richard Jacobs is a chief editor since early 2007, and he currently works for www.myduiattorney.org. A webiste that helps you to find the right DUI lawyer, you can search for a New Jersey DUI Attorney or a Maryland DUI Attorney online, anytime!
