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Serve in Georgia County Jail After DUI


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Many people come to us and say, “Well if I’m going to go to trial I may end up in jail. Can you guarantee me I'm not going to have to spend it in a county jail? That was a terrible experience, even those short hours I was there before.” Well I can’t do that because if you've taken the test and you’re a .08 or more the law requires that you serve 24 hours. Many jurisdictions do require the full 24 hours, even if you did 4 hours upon arrest you would have 20 more to do. Other places aren’t quite as strict about it being in the jail because frankly it’s more trouble to check you in and check you out 20 hours later than it would be to have some alternative and many judges will fashion that type of alternative.

I can’t guarantee it as it depends on the court and the judge that is there. On a second offense where there are 72 hours minimum, a reported court case does say that the judge has no discretion to give you an alternative other than jail if you're reading was .08 or more. That was a Gwinnett county case from about four years ago. Therefore if you have a repeat offense even if you only got 72 hours, which is extremely rare, there's usually 10 to 45 to 90 days with some judges then you're going to have to do it in the county jail and you're not going to have an alternative in most jurisdictions.

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