Question: I drank too much champagne when I was out with friends and when I drove home I got a DUI in Woodstock. It was New Year's Eve and I just made a mistake because I thought I was the least drunk person at my girlfriend's party and if someone else drove they could have gotten into an accident.
I got into a small accident with a car and that driver also got a DUI. We had both been drinking and the accident really was no big deal but we both got in trouble because another driver called 911 and the Woodstock Police came and they arrested both of us.
My issue is that since this isn't my first DUI, it's actually my third. I'm worried about having to spend time in jail. I know I'll serve some jail time, but I need to reduce the jail I have to serve and keep it at a minimum because I don't want to lose my job with the bank I work for and I need to take care of my young daughter who I think is autistic.
I'm writing to you because I need to know how long I'll be spending in the Woodstock Jail.
J.N. in Woodstock, GA
Answer: First of all, the city of Woodstock does not have a jail. Woodstock inmates are housed in the Cherokee County Jail.
As for how much jail time you may have to serve, that depends on a number of factors. You write that this is your third DUI arrest. But we would like to know when the other arrests were. When were your first and second DUI arrests? The longer back in time the better. If they are both from, say, 20 years ago, that is certainly better than if they were from 2 years ago. Technically, Georgia has a 10-year look-back period for previous DUI arrests.
Then again, maybe there is a major flaw in the prosecution's case and the DUI charge will be dropped or reduced. To make an assessment of your case, we need to do an investigation that includes thoroughly reviewing the police report and the video of your stop and arrest.
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