FOCUS: DUI convictions are not only expensive, but last forever

By Pamela South, judge, State Court of Gwinnett  |  For over 15 years, I have been a judge and now have heard thousands of Driving Under the Influence (DUI) cases.  I am happy to report that the number of DUI cases has recently fallen slightly in Gwinnett County.  And as for multi-DUI offenders, our Gwinnett Accountability Courts have been effective in treating alcoholism and addictions and reducing recidivism.  But DUI remains a continuing problem in our county.

South

South

So why does the DUI problem persist?  Well, most people assume they will never be charged with DUI. The reason, they must feel, is that they think they will never put themselves in a position to drive while impaired.  But they attend a social event, visit a restaurant, or see a ball game, and after drinking too much, they drive home when they have no business being on the road. Often DUIs are committed by ordinary people…..who have a terrible lapse in judgment.  

When police stop and arrest someone who made the choice to go ahead and drink and drive, it begins a very expensive process for the person on the receiving end.  

First, obtaining a lawyer will often cost thousands of dollars, not hundreds. DUIs are highly technical cases and most people consult with a lawyer to decide what to do.  And second, with or without a lawyer, if your DUI ends with a conviction or guilty plea, you will pay considerably, even if it’s just your first time.

For the person who is convicted of DUI – never been in trouble before — that first DUI conviction will be a very expensive experience.  Much of the time, a fine of $600 to $800 is recommended (the maximum is $1,000.)  With a hefty surcharge imposed by the state of Georgia, that fine amount will be increased by 40 percent (the surcharge goes to state programs supporting crime victims and other programs.)  You will pay a probation supervision fee of $45 per month. You’ll have to leave your job to attend a monthly meeting with your probation officer, often for a full year.  

There’s more: you will pay for drug and alcohol screening (depending on the screen, it can be $15 to $30 per month.)  You will be required to perform 40 hours of community service (one work week.)  You will be required to take the state’s Risk Reduction Class (approximately $300.)  You will be required to obtain an alcohol and drug evaluation (varies, but usually around $250).  Plus, if your license is suspended – it frequently will be – you must figure out a way to do all this without driving.  In short, your very first DUI will cost you thousands of dollars.

And it doesn’t end there.  The DUI will remain permanently on your traffic history. This will cause your auto insurance rates to increase substantially, because you are now considered a high risk driver.  You may be disqualified from some jobs.  And in some cases, an employer will terminate you due to a DUI conviction.

The money that first DUI will cost you can be as much as a down payment on a house or car, or your child’s college tuition, or a nice vacation or cruise for the entire family. And even if the judge gives you the lowest fine possible, taking into account your particular financial circumstances and possible inability to pay, the financial impact of a DUI is still high, no matter what your income level is.  And yes, this high cost is part of the deterrence intent of the DUI legislation.

I have not even discussed the public safety issue, which is tremendous.  A DUI driver is a danger to himself or herself and to everyone else on the road.  And perhaps because it is so simple to avoid a DUI – by choosing not to drive while impaired. Sentences for injuries caused by DUI drivers tend to be severe. Prison sentences are regularly handed down in vehicular homicide cases involving drugs and alcohol.

A DUI is dangerous; it’s expensive; and its impact can last forever.  Why take the chance?

 

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