Question:  I got a DUI in Sandy Springs and I think I might go to jail. It's actually not my first because I was charged a few years ago with DUI in Alpharetta, but that one was dropped to reckless driving. I can't sleep because I think I'm going to have to go to jail for this DUI.

I was driving home from an Atlanta Braves game and I was stopped for speeding. I was drinking at the baseball stadium like just about everybody else and I know I should have stopped earlier but I liked the craft beer on tap, and my friend was buying. I had about 6 beers over the course of the game. I was driving a buddy home and I guess I was driving too fast. The cop said I was going 25 miles per hour over the speed limit.

I totally cooperated with the cop and did everything that he asked. I took the breath test and it was over the limit for drunk driving. The cop luckily didn't notice that I was smoking pot in the car because I threw out the roach and I hit the Listerine and gum.

Anyway, I need to know if I get a DUI in Sandy Springs will I have to go to jail.

M.J. in Sandy Springs, Georgia

Answer:  Before offering any specific opinion regarding your case, we'd certainly need to fully review the evidence. We do discovery to find all the relevant information about the matter.

The good news is that this is not a second DUI. Because your first DUI charge was reduced to reckless driving, this would be your second DUI arrest, but, if you plead guilty or are convicted, it would technically be your first DUI conviction.

Because this would be a first DUI conviction, under Georgia law it would be treated less severely than if it were a second DUI conviction. So you have that going for you. In these situations, many times we are able to keep our clients completely out of jail.

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