Halloween is not only a holiday for children to dress up and go trick-or-treating with friends. It can also be an exciting time of year for those who enjoy partying in costumes with their friends. When alcohol is involved in Halloween festivities, it is important that it is consumed safely and legally. This involves not driving home under the influence after celebrating, as it is illegal to drink and drive. According to the National Highway Traffic Safety Administration, 44% of all traffic fatalities on Halloween night between 2012 and 2016 involved a drunk driving-related accident. In addition to this, 14% of pedestrian fatalities on Halloween involved a drunk driver. It is because of this that law enforcement in the state of Georgia is cracking down over the holiday weekend to ensure drunk drivers do not hit the roads. With it approaching, it is important to understand the consequences of driving under the influence of alcohol. 

First Offense Penalties

In order to determine whether or not a driver is under the influence, law enforcement can administer a Breathalyzer or Alcotest. This gauges their blood alcohol concentration (BAC). If a driver’s BAC is 0.08% or higher, they can be charged with driving under the influence (DUI). Drivers who are charged with a DUI for the first time over Halloween weekend may face the following penalties:

• A license suspension for up to 1 year
• The possibility of up to 1 year in jail
• A fine between $300 and $1000
• A license reinstatement fee
• The cost of participating in the DUI Alcohol and Drug Risk Reduction Program
• 40 hours of community service

Second Offense Penalties

The state of Georgia takes DUI offenses very seriously. It is because of this that those who are charged for a second time can face harsher consequences than their first offense. This can include the following:

• A license suspension for a minimum of 18 months and a maximum of 3 years
• The possibility of anywhere from 90 days to 1 year in jail
• A fine between $600 and %1000
• A license reinstatement fee
• The cost of participating in the DUI Alcohol and Drug Risk Reduction Program
• At least 30 days of community service
• A possible clinical evaluation and treatment

Third Offense Penalties

If a driver receives a third DUI over the upcoming Halloween weekend, they may be subject to the following penalties:

• License revocation for up to 5 years
• A minimum of 15 days in jail
• A fine between $100 and $5000
• The cost of participating in the DUI Alcohol and Drug Risk Reduction Program
• At least 30 days of community service
• Clinical evaluation and treatment
• Possibly issued an ignition interlock device and a limited driving permit
• Your name, address, and photo in the local newspaper at your own expense
• Habitual Violator Status

Contact our Firm

Alfred Law Firm, LLC is proud to serve clients in Georgia when they face legal matters related to family law and criminal defense. When legal issues arise, it is important to have the guidance of an experienced attorney that can help you obtain a favorable outcome. Contact our firm today to schedule a consultation.