| (1) Offenses within 5 years,
counting from date-of-arrest to date-of-arrest.
(2)
Juvenile offenders (age 16 and under) convicted of a delinquent
offense unde subsection "k" are required to be segregated
from the adult prison population, if in jail, or separated from
the main YDC population, if at a youth facility. Additionally, all
offenders under age 21 are required to be segregated from the general
jail population, and can only be housed with other underage DUI
offenders.
(3)
Under 17-10-3.1 (new), a judge may permit offenders sentenced under
sub-§"k" to be served on weekends, or during non-working
hours of the defendant. The judge may also allow a partial day to
be credited as a full day. This is denied persons sentenced under
other subsections of 40-6-391 by virtue of 40-6-391(f).
(4)
Mandatory A&D evaluation and (if treatment is indicated) must
be completed prior to being eligible for license reinstatement.
Possible limited permit available to persons enrolled in treatment
after 120 days if required to facilitate completion of A & D
treatment. Applies to all second or subsequent offenses in 5 years.
(5)
Risk reduction school certificate and the required reinstatement
fee ($210 walk-in/$200 mail-in) are required in each case. Furthermore,
a revoked driver under 21 at the time of arrest must take all driving,
vision and written tests again, and pass each of them to be reinstated.
(6)
Plus applicable surcharges, assessments, fees and costs allowed
by law.
(7)
Under 40-6-391(g)(2), the judge may suspend up to one-half of the
fine conditioned upon the offender undergoing alcohol and drug treatment
as approved by the court. The new law makes A & D treatment
mandatory for repeat offenders. Fines may be paid in installments.
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(8) Third or subsequent
offenders also must pay a $25 publication fee so that their photo
and a summary of their case disposition can be printed in the local
newspaper.
(9) All community service
for offenders sentenced under sub-§"k" of 40-6-391 is
to be completed within 60 days of the sentencing date.
(10)
The installation of (and six month "contract" for) a certified
ignition interlock device must be in place before a license can
be reinstated. Private interlock providers can now be used.
(11)
New Code Section 40-5-57.1(b)(1)(B) seems to add an additional punishment
for drivers under 21 to the 5-year revocation punishment required
by 40-5-58. Because "revoking" violations for drivers
under 21 are not identical to HV-level offenses, such interpretation
can be argued by the State. However, the new revisions do not say
that the license revocations will be consecutive.
(12)
A disqualified CDL licensee may be able to surrender the CDL plastic
license in order to obtain a regular Class C (or other applicable
category) license. If so, the licensee would only be able to have
his/her driving privileges restored or get a limited permit if eligible
under applicable statutes. Note that a driver with a CDL classification
will also suffer the applicable suspension or revocation, based
on his/her age and which offense has occurred within 5 years.
(13)
An under-21 CDL driver who has a BAC under .08 can argue that he/she
is eligible for being sentenced to as little as 40 hours of community
service under O.C.G.A. §§ 40-6-392(c)(2)(C) and (c)(3)(C), if convicted
under sub-§ (k) not (I).
(14)
Any under-21 driver convicted under sub-§ (k) is eligible to have
the court consider setting a lower number of community service hours
(20 for first offenders; 40 for subsequent offenders), but ONLY
if BAC level was < 0.08.
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