House Bill 336

Chair's Name: David Ralston

Committee: Judiciary Non-Civil

House Sponsor: Kevin Levitas 

HB 336 addresses DUI penalties. The window for calculating subsequent convictions is lengthened in this bill from five years to ten years.

For a first offence, this bill would require the offender to undergo the same clinical evaluation and treatment process required for repeat offenders, unless the judge issues a written finding stating that public safety will not be jeopardized and stating that justice would be served by forgoing the evaluation. Upon a fourth or subsequent DUI conviction, the offender will be guilty of a felony except in certain circumstances. If the fourth or subsequent conviction occurs within a ten year period, the offender will be subject to longer prison time of one to five years (though the judge may probate all but 90 days of the sentence), no fewer than 60 days community service and a period of five years probation (less days actually imprisoned), as well as the existing clinical evaluation, programs, and fines.

Also addressed are the refusal to submit to required testing, mandatory minimums and pardon, parole, and early release programs. Violations of (k) will be considered as a violation of (a) for the purposes of punishment for second/subsequent offenses.

Before a drivers license can be reinstated, an offender with two or more convictions within 10 years will be required to undergo a clinical evaluation and, if recommended as a result of the evaluation, must complete a substance abuse treatment program

This Rules Committee substitute comes to the House Floor under the Modified Structured Rule.

Chairman Ralston’s opinion of this legislation:

This legislation addresses the problem of the inadequate treatment and punishment of drunk drivers, especially as it relates to repeat offenders, as well as the loss of human life and damage to property. Georgia is one of only five states that do not have a felony driving under the influence bill.

This Legislation:

•        Reduces the Size of Government by providing accountability programs that reduce the rate of recidivism and thereby remove offenders from the justice system.

•        Strengthens our Traditional Family Structure by preserving human life and by addressing substance abuse issues that have a destructive influence on the traditional family structure.

•        Reduces the Tax Burden on our Citizens by reducing the costs of law enforcement and the administration of justice as they relate to substance abuse and driving under the influence.

•        Increases Personal Responsibility by holding those who drink and drive accountable for their actions.

Further Action

At the Sponsor's request, the Senate made changes regarding clinical evaluations on the first offence and language regarding mandatory minimums. The House agreed to the Senate Substitute.