Dunwoody, GA, DUI: Do I really have to do probation?

Posted by William H. Sherman on Aug 27, 2019 | 0 Comments

Question: So I got arrested for DUI in Dunwoody, Georgia, and now I need a Dunwoody DUI lawyer to help me. I went out on Thursday and had dinner at Maggiano's Little Italy and we also went to The Brass Tap for a couple of beers. It was just me and a couple of friends from work who also live in Dunwoody or nearby. We wanted to get some food and some cold beers and then just go home. I was actually the designated-driver for one of them.

Basically, I'm trying to find out if I get a DUI in Dunwoody, will I have to be on probation? I'd rather not be on probation, if that's even possible. But I'll do just about anything else.

What happened was, after dropping my friend off at his apartment (he was drunk), I was heading back to my apartment when I got stopped by a Dunwoody police officer for speeding. I live probably just a half mile from my buddy. The cop asked me if I'd been drinking and I said yes, because I didn't want to lie. I told him I had one and a half beers (which wasn't exactly totally true).

The Dunwoody cop had me do some tests and I think I did alright on them, with just one stumble, but that's because I was injured on the job about two months ago. Anyway, the police officer arrested me and I took the breath test and I got a .153. It's high, I know. But I never get in trouble. I mean, my last DUI charge was almost 7 or 8 years ago, so it's been a while.

That DUI was in Sandy Springs and I admit I was drunk. This time I felt good and not at all drunk, although I guess the breath test has me pretty high over the limit, which is surprising. Maybe I'm drinking more because I'm going through a divorce; I heard people drink more when dealing with divorce.

So I want to know if I have to be on probation if I get a Dunwoody DUI.

John C., from Dunwoody, Georgia

Answer:  If you are convicted of or plead guilty to a DUI charge in the state of Georgia, the relevant DUI statute, O.C.G.A § 40-6-391, requires “a period of probation of 12 months less any days during which the person is actually incarcerated.” So, yes, you would be placed on probation for a DUI in Dunwoody. However, it's possible that the probation can become non-reporting once you have completed all of the conditions of your sentence. Some of the conditions of your sentence can include a risk reduction course and community service, among other things.

Each court has probation officers who oversee the sentence. Probation officers ensure that a person placed on probation completes all the necessary tasks that are required by the court. If the sentence conditions are not carried-out, that could lead to a probation violation.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.


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