FOR IMMEDIATE RELEASE July 7, 2008
For information, contact:
Kenya Bello; 404.657.1389
knbello@dhr.state.ga.us DHR SUPPORTS NEW LAW REQUIRING ALL DUI OFFENDERS TO BE ASSESSED FOR TREATMENT ATLANTA – Effective July 1, the Multiple Offender Program of the Addictive Disease Section of the Department of Human Resources has been renamed the DUI Intervention Program. This change reflects HB 336 recently signed into law by Governor Sonny Perdue. Under the new DUI law, all DUI offenders are required to have a clinical evaluation and, if recommended, complete treatment. Previously, only multiple offenders had to have clinical evaluations. “We see this as an opportunity to do earlier intervention with Georgia drivers who have significant alcohol problems,” states Gwen Skinner, Director for the Georgia Division of Mental Health, Developmental Disabilities and Addictive Diseases. “As with all chronic diseases, the earlier the diagnosis and treatment, the better.” There are over 200,000 DUI arrests in Georgia each year. Research has estimated that the average driver arrested for a DUI has driven drunk between 400 and 700 times before. Additionally, 50% of first-time DUI offenders have alcohol abuse or alcohol dependence. Therefore, doing clinical evaluations after a first DUI will detect alcohol abuse and dependence for thousands of Georgians years earlier. DHR is charged with establishing the registry of qualified clinical evaluators and treatment providers. Clinicians must be professionally licensed or certified by approved licensing bodies that have education standards, nationally standardized testing, oral case presentations, years of work experience, and annual continuing education. Kenya Bello
Public Information Officer
Office of Communications
Georgia Department of Human Resources
Ph: (404) 657.1389
Fax:(404).651.6815
knbello@dhr.state.ga.us
HB 336 Summary
During the 2008 legislative session, HB 336 was passed with very little opposition. It became effective 7-1-2008. It opens the window wider for MO’s and HV’s and establishes that a 4th DUI within 10 years is a felony. This 10 year window begins 7-1-08 and goes forward only. Below is a summary of the law with the major changes in bold.
First DUI:
- complete DUI School
- fine not less than $300 or more than $1000
- jail term of not less than 10 days or more than 12 months, however, the judge may suspend or probate all but 24 hours
- not less than 40 hours of community service unless BAL was .08 or less, in such case the community may be as little as 20 hours
- a clinical evaluation, unless waived by the court
- completion of a treatment program if recommended by the evaluation
- 12 months probation
Second DUI within 10 years from 7-1-08 same as above except:
- the fine is not less than $600 nor more than $1000
- jail term is not less than 90 days or more than 12 months, judge may suspend all but 72 hours
- community service not less than 30 days
- clinical evaluation and treatment if recommended (This can’t be waived by a judge)
Third DUI within 10 years from 7-1-08 same as above except:
- the fine is not less than $1000 or more than $5000
- jail term is not less than 120 days or more than 12 months, judge may suspend all by 15 days
Four or more DUIs within 10 years beginning 7-1-08 is a felony. Penalties are the same as above except:
- the period of imprisonment is not less than one year or more than 5 years, judge may suspend all but 90 days
- no less than 60 days of community service unless the defendant is sentenced to serve 3 years in prison
- 5 years probation, less time served
The judge may suspend up to one-half of the fine if the defendant is undergoing treatment. The other legal requirements regarding ignition interlocks and Drives License suspension periods are not changed.
Dr. Scott Dunbar, MAC
DUI Intervention Program
Georgia Department of Human Resources