Georgia  |  DUI Law

Legal Question

Asked on: 8/12/04, 9:55 pm

House Arrest

My son recently pleaded, at the behest of his lawyer, guilty to a DUI charge and waived a trial by jury. This was his first offense and he is under 21. 20 at the time of the incident. He submitted to the FST at the time of the incident and recorded a blood alcohol level of .22. He initially was stopped by the arresting officer because he lost control of his vehicle and did a 360 before coming to a stop against a guard rail, no one was injured. Thats the backgroud to the story - now onto the question. After his plea was accepted by the judge and prosecutor he was issued his sentence. He was placed on probation for 1 year and lost his license for that same period. He has to perform 40 hours of community service and attend DUI school. All this is acceptable, I knew he would get that before the trial. What we were not prepared for is the 120 days of house arrest he received. The lawyer said that the prosecutor was looking for minimum 90 days of incarceration thats why he told us to accept the plea. Is this a customary sentence. I feel it is way out of bounds for his offense. If it is abnormally severe then do I have any legal recorse.

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