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DUI & your college career |
Must Read for Teens & Parents of Teens
In this blog series I discuss the legal, financial, and career implications of getting a DUI as a minor.
DUI & College
If you are a high school senior who has already been accepted by a college when you get a DUI, consider yourself lucky; colleges usually won't worry about a student's DUI charge or conviction unless he or she is actually enrolled. Likewise, a high school DUI shouldn't affect your chance of getting into college, and may even make a compelling application essay. Many colleges ask for criminal history, so it's likely they will know. If you are arrested right before you start college, you may be required to tell your school. Things change radically once you are in college or even just on campus.
One student's story:
"Last June I went to Athens to attend Freshman Orientation. Orientation was fun, but the after party was much more fun. I drank way too much; the campus cops charged me with underage consumption of alcohol and public urination. Of course the campus police notified campus officials who decided that they didn't want me to attend UGA after all. They actually revoked my admission. Now I have to start the application process all over again and wait an entire year before I can start school at a good college."
But how does the University find out about your arrest? You have to tell them. Yes, as an adult over the age of 18 you don't have to tell your parents if you are arrested, but you are required by UGA to report any arrest within 3 days.
All colleges have substance abuse and underage drinking policies. These vary from college to college, but the penalties are harsh. For instance, if you go to any school in the University of Georgia system and are charged with a DUI, you can be suspended. You don't even have to be convicted-- just charged. Statute 406.02 VIOLATIONS OF STATE OR FEDERAL LAW says "A student in any institution of the University System of Georgia who is charged with or indicted for a felony or crime involving moral turpitude, may be suspended pending the disposition of the criminal charges against him."
If this is your first DUI and you haven't been in trouble for drugs or alcohol at college before, you will have to take an "Alcohol and Other Drug" awareness class and be on probation for twelve months. Your second offense will result in suspension for the current semester and 1 subsequent semester. Your prior record will be affect sanctions, so that high school DUI could come back to haunt you if you are caught drinking on campus.
Students who are suspended from the University for any length of time can lose tuition, residence hall costs and fees, student financial aid, athletic participation and eligibility, immigration status for international students, internships, assistantships, and study abroad eligibility, just to name a few.
If you have a HOPE scholarship, you will lose it for two terms if you are convicted of a felony drug offense: both for the school term in which the conviction occurred as well as the following term. No early reinstatement is allowed. If you receive a federal scholarship and you are convicted of ANY drug offense, including a State misdemeanor marijuana charge, you will lose your scholarship for at least one year, and you could lose it permanently. Early reinstatement is possible if certain criteria are satisfied.
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Must Read for Teens & Parents of Teens
In my next few blogs I discuss the legal, financial, and career implications of getting a DUI as a minor.
Financial Implications
In addition to your court fees, DUI fines, DUI school tuition, license reinstatement fees, towing charges, probation fees, the cost of missing school and work to attend court and jail, and the price of an ignition interlock device, you will have to pay legal fees. Do not expect a good DUI lawyer to be cheap. A good lawyer with experience in DUI law has a much better chance to get your charges reduced or even thrown out than a lawyer who doesn't know DUI law and tells you to just plead guilty.
There is one more cost you need to plan on after a DUI conviction: new car insurance rates. After a DUI, insurance rates skyrocket.
One family's story:
When our 18 year old son got his DUI, our insurance rates went from $2,200 to $7,700 every six months. We were told we only kept our policy because we had been with the company for 30 years or so. We couldn't afford to pay this, so we signed an agreement that our son couldn't drive any of the family cars and dropped him from our policy. My son still wanted to drive, so he found a store front insurance company who agreed to provide the legal minimum insurance for $1,100 every six months. He was responsible for making his own insurance payments; we no longer covered that expense for him. It took three years of a spotless record and timely payments before he was able to get reputable insurance at a normal rate.
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Must Read for Teens & Parents of Teens
In my next few blogs I discuss the legal, financial, and career implications of getting a DUI as a minor.
The basics: legal penalties of a DUI conviction as a minor in Georgia
Minors will be arrested for trace amounts of alcohol in their blood---not just .08% or more.
Legal punishments and consequences upon DUI conviction:
- Fines: $300.00 - $1,000.00
- plus $100-500 in mandatory surcharges
- plus $30-50 per month probation supervision fee
- Jail: 24 hours minimum if blood alcohol content (BAC) is over 0.08 %. As of 1997, judges must sentence first offenders registering 0.08% or above to at least 24 hours in jail. This jail time is mandatory, and most judges will not permit "weekend-only reporting" or other alternatives. The mandatory portion may not be probated, suspended or deferred. Those under 21 are, however, kept with other minors and away from adult offenders.
- Community Service: 20 hours mandatory minimum, more depending on BAC.
- DUI School: Level I Risk Reduction program
- License Suspension: the Department of Driver Services will suspend the driver's licenses of all first offenders for 6 months to one year, regardless of whether the offender pleads guilty or nolo contendere.
- A DUI conviction or plea of guilty or nolo contendere will be permanently placed on your record.
You may have heard of Georgia's "First Offender" deals which can allow a person to avoid conviction of many criminal offenses (even felonies). Unfortunately, the Act specifically states that no one convicted of a DUI may be sentenced under the First Offender Act. |
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4 Very Important Steps to Follow When You Are Stopped |
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1. If you drink, don't drive. But if you do:
- Know your rights.
- Be respectful to the Officer.
- Ask if the field sobriety tests are voluntary and if the office says they are, then decline the Field Sobriety Tests.
- Tell the officer you are fine to drive.
2. Once placed under arrest:
- Agree to the state-administered test unless you're under 21.
- After the state's test, insist on your own blood test.
- Do not listen to any nurse or hospital personnel if they try to tell you that the result is not admissible in court.
- Get your blood drawn and insist the the officer help you do this immediately after taking the officer's test.
3. Request a license hearing if your result is over the legal limit and the officer has given you a suspension form.
4. Finally, DO NOT go through this alone. Either hire an experienced DUI defense attorney, or if you meet the federal poverty guidelines, apply for a public defender. Every DUI case is different. Even the seemingly hopeless case can be won. |
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Hiring A Lawyer Just Because of His Prior Results? |
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This is the fourth blog in a series about how to hire a criminal defense lawyer. Read my introductory comments, how to decipher lawyer advertising, and how to hire a lawyer when you don't have the money for one.
Most people hire the wrong criminal defense lawyer for the wrong reason. In my next several blogs I will focus on them all (Money, Advertising, Prior Results, Perceived Expertise, “Former Prosecutor,” and Connections.); today we'll look at Prior Results.
Prior Results
The lawyer you want to hire for your vehicular homicide case just won a vehicular homicide case. Probably a bad move. No two cases are the same. Cases are resolved in certain ways because of many factors: a good jury, change in witness testimony, weak evidence, lazy prosecutors and even luck. I've won cases I thought I would lose and I've lost cases that I still can't understand why I didn't win. Your case is your case, not the other client's case.
The other aspect of this advice is this: do not fire your lawyer because he couldn't get you a bond. Here's some news: if you didn't get a bond, it's because the judge ruled that you weren't eligible, or are such a flight risk or danger that no lawyer could have helped.
Those clients who fire their great lawyer because they didn't get a bond are short-sighted. Sure, if your lawyer shows up for the bond hearing unprepared, or it's clear he or she is not competent to handle the case, dump him. Know, though, that when you go to the next lawyer, he will know that you've already fired one lawyer. So with the prosecutor and so will the judge.
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