Hometown Hall

This year the July 4th holiday falls on a Friday.. And for some, it’s just another summer six-pack tradition to kick-off an entire weekend celebrating the consumption of adult beverages. That means July 4th is the second most dangerous night of the year on our highways. Too many party-people decide to leave their designated drivers behind at the barbeque and a dozen Georgians will die in alcohol-related crashes during the July 4th weekend.

But as of July 1st, Georgia has a tough new DUI law on the books that Georgia’s DUI cops will be enforcing on the roads! And it’s here just in time to kick-off Georgia’s Operation Zero Tolerance statewide DUI crackdown.

During the 2008 legislative session the Georgia House and Senate passed House Bill 336, creating afelony-level DUI charge

for those repeat offenders who’ve stacked up four drunk-driving convictions on their ten-year driving record rap-sheets. With this change in Georgia law, multiple DUI arrests can now lead tofelony convictions

against Georgia’s worst case high-risk violators.

Long-awaited by DUI crash victims and grieving family survivors, HB 336 is truly regarded as lifesaving DUI law for Georgia. “This landmark legislation carries heavier fines, mandatory offender evaluations and jail times, stricter probation, and longer community service penalties,” said Director Bob Dallas of the Governor’s Office of Highway Safety (GOHS). “It should make any responsible driver think twice before ever climbing behind the wheel while impaired.”

For the first time, Georgia’s new DUI Law requires first time offenders to undergo drug and alcohol evaluation. And if that evaluation deems necessary, the offenders must participate in strict, court-supervised substance-abuse treatment to decrease the likelihood of recurring offenses. (Under the old law, drug and alcohol evaluations were only required for second and subsequent offenses.) But when those DUI offenders have been convicted a fourth time, the law is designed for public safety priorities to kick-in with mandatory felony jail time for violators.

Even while it was still pending, this visionary legislation already had the endorsement of GOHS, MADD, and the State District Attorney’s Association. Bill sponsor, State Rep. Kevin Levitas (D-Atlanta) is himself a former prosecutor who perceived the random fatalities involving drunk drivers as more dangerous to the public and more frequent than the murder rate. “Sadly in murder cases, victims and perpetrators often know each other. But there is this randomness to DUI deaths where a car just suddenly crosses over lanes of highway and without warning kills someone on their way to church or school,” said Rep. Levitas.

“Until HB 336 was passed, even four-time shoplifting offenders were treated as felons under Georgia law, but a fourth-time DUI was still just a misdemeanor here,” said MADD-Georgia State Executive Director Denise Thames. “ Georgia was one of only five states left with no DUI felony law. Now we have serious consequences for those repeat offenders. A third time DUI offender needs a tough message and it should include more than just a few days of jail time.”

“Few people realize there’s research that shows people drive drunk 87 times before being caught for one DUI,” said Rep. Kevin Levitas. “Just try to calculate in your head how many times these multiple offenders may have driven drunk before they were caught the fourth time and charged and convicted under the old law. It’s time we got their attention.”

Georgia’s new felony DUI law applies to offenses occurring on or after July 1, 2008. Under its provisions:

• First and Second DUI Convictions are treated as misdemeanors..
• Third DUI Convictions are treated as high and aggravated misdemeanors..
• Fourth or Subsequent Convictions committed within ten years are treated as felonies..

The following is a summary of HB 336 and not meant as a technical interpretation of the law. For a full reading of the actual statute see the OZT news conference feature on our website at www.gahighwaysafety.org.

First Time DUI convictions carry these penalties:

• Fines ranging from $300.00 to $1,000.00

A period of imprisonment from ten days to 12 months (judge may probate all but 24 hours of jail time)

• A minimum of 40 hours of Community Service for DUI at .08 BAC or above/

Or a minimum of 20 hours of Community Service for DUI below .08 BAC

• Completion of a DUI Alcohol or Drug Use Risk Reduction Program
• A clinical evaluation and completion of any necessary treatment
• 12 months of probation, less any jail time served

Second Time DUI convictions carry these penalties:

• Fines ranging from $600.00 to $1,000.00
• A period of imprisonment from 90 days to 12 months (offender must serve 72 hours of actual jail time)
• A minimum of 30 days of Community Service
• Completion of a DUI Alcohol or Drug Risk Reduction Program
• A clinical evaluation and completion of any necessary treatment
• 12 months of probation, less any jail time served

Third Time DUI convictions carry these penalties:

• Fines ranging from $1,000.00 to $5,000.00
• Period of imprisonment from 120 days to 12 months (offender must serve 15 days of actual jail time)
• A minimum of 30 days of community service
• Completion of a DUI Alcohol or Drug Risk Reduction Program
• A clinical evaluation and completion of any necessary treatment
• 12 months of probation, less any jail time served

Fourth Time or subsequent DUI convictions carry these penalties:

• Fines ranging from $1,000.00 to $5,000.00
• A period of imprisonment from one to five years (offender must serve three months of actual jail time)
• A minimum of 60 days of Community Service
• Completion of a DUI Alcohol or Drug Risk Reduction Program
• A clinical evaluation and completion of any necessary treatment
• 5 years of probation, less any jail time served

The Governor's Office of Highway Safety is issuing this warning to party responsibly this July 4th holiday: During “OZT” police in Georgia will conduct major waves of concentrated patrols and sobriety checkpoints throughout the state from Friday, June 20, through Sunday, July 6, 2008 to protect innocent motorists and their families from DUI-drivers on our highways.

Whether meeting a few friends after work or traveling the holiday barbeque circuit, friends should never let friends drive drunk. Remember to designate a sober driver in advance – Before the July 4th festivities begin. What can you do to protect your family on the highway this holiday weekend? Your best protection against a deadly encounter with a drunk driver.. Is a buckled safety belt. So Buckle-up. Slow Down. Drive Sober.

For details on this groundbreaking legislation, please see our news release below and read the full text on our Governor's Office of Highway Safety website at www.gahighwaysafety.org.