Question: My boyfriend got arrested in Johns Creek for DUI. He was driving me home when a cop pulled him over. He did everything the officer asked and he took all of the DUI tests. I really didn't think he was drunk driving. At dinner he just had a few beers and we watched a lot of football that day and he only had a few mixed drinks. He went to Auburn so you know he can hold his booze!
I think he will plead guilty to the DUI in Johns Creek because his breath test was .265, which I know is very high. When my mom got a DUI a few years ago her breath test was much less. But she gets drunk easily and she actually likes to fight.
My boyfriend is worried that because his record is not great he could get higher punishments for the DUI charge. It is his first ever DUI arrest, but he has been convicted of stalking, robbery and possession of pot.
Will these other charges make the punishments for DUI much worse? He's scared about jail.
Answer: Because it is his first DUI, his sentence should reflect a first DUI charge. The fact that he has other crimes on his record will likely impact the solicitor's perception of him as a person, of course, but it should not adversely impact his sentence.
We have seen that when a prosecutor is weighing whether or not to reduce a DUI charge to reckless driving, the defendant's prior criminal history can be a factor in the determination. Obviously a prosecutor will feel more comfortable reducing a charge if the defendant has not been in legal trouble in the past. As for many things in the criminal justice system, it depends on the particular prosecutor involved.
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