Question: Will I go to jail for a first offense DUI in Georgia?
Answer: First offense DUI, if you’re convicted, if you spend any time in jail, usually five or six hours, then usually you’ll get credit for time served if that’s the case. However, a lot of judges now are frowning more on DUI and so you could technically serve 24 hours in jail, and I do see that from time to time, especially if you’re a younger person. For example, if you’re 21 and you just have turned 21 or so, then there’s a 24-hour minimum jail time in there. The judge is going to enforce that and send you there. If you’re younger than that and you’re a minor and you shouldn’t have been drinking in the first place in the judge’s opinion, then they’re absolutely going to send you to jail to try to reinforce that you should not have had anything to drink at all. And I deal with minors all the time that get caught for DUI, and that’s a whole different ball game because it’s such a, it’s a lower level, it’s a lower threshold. .02 is actually the limit for you if you’re under 21. And so we have that issue to deal with. We also have the issue of dealing with an older judge who feels like it’s his obligation to try to help a younger person who he feels is headed down the wrong path. And, as I say, there’s nothing illegal about drinking and driving. And if you’re under 21, you shouldn’t have had anything to drink under the law anyway, but that gets really complicated when you’re charged with DUI.