How Prior Drug Convictions Can Affect DUI and Drug Offense Sentencing in Georgia

If you have been arrested in Georgia for DUI or a drug-related crime, one of the first things that may cross your mind: “What’s going to happen next?” The reality is that in many DUI and drug-related arrests in Georgia, what a person has to look forward to can depend on more than what actually occurred during the arrest.

Even if your past charges were a long time ago, they can still impact your sentence, probation, and plea bargaining options.

Why prior convictions matter in Georgia criminal cases

The Georgia courts and prosecutors consider repeat offenses seriously. Your previous drug offense may affect your case in the following ways:

• Raising the potential incarceration time
• Eligibility restrictions for diversion programs
• Influence of probation terms and violation of probation terms
• Making prosecutors less willing to negotiate
• Activation of increased penalties in certain circumstances

A record can also impact bond, which means that you could have more stringent terms of release if you are arrested.

Prior drug convictions and drug charges

If a defendant has been charged with possession, possession with intent to distribute, or any other crime related to a controlled substance, previous crimes can increase the level of seriousness. Prosecutors may feel that the case is more serious because the defendant did not “learn their lesson” the first time around.

Previous convictions may also impact whether you can be eligible for alternative convictions, such as:

• First offender program
• Pretrial diversion programs
• Charges reduced through negotiation

If a person has already used First Offender in the past, they may not be eligible to use the program again. This may pose a problem to someone seeking to avoid a permanent conviction.

Prior drug convictions and DUI sentencing

DUI laws in Georgia can be tough, and the sentences become harsher with multiple DUI offenses. But what about previous drug offenses?

Although a previous drug offense does not constitute a previous DUI offense, it can be significant in a DUI trial, particularly in a drug-related DUI offense such as:

• DUI based on marijuana impairment
• DUI and prescription drugs
• DUI related to illegal drugs
• Driving under the influence of drugs and alcohol

In DUI-drug cases, prosecutors may be able to offer evidence of a prior drug conviction in support of the argument that the operator was knowledgeable about drug use and proceeded to drive despite that.

How prior offenses impact plea negotiations

In most of the Georgia cases, plea bargaining is involved in determining the result. A clean record might give room for some leeway in plea bargaining. Having a drug conviction in one’s record might make it more difficult for the prosecutor to be lenient.

This doesn’t mean that you can’t achieve a solid defense. But it very well could mean that your lawyer has to be more tactical in defending against the case that has been brought against you. 

Talk to a Marietta, GA, Drug Crimes Attorney Today 

Andrew L. Schwartz, P.C., represents the interests of Marietta residents who have been charged with drug possession or DUI. Call our Cobb County drug crimes lawyer today to schedule an appointment, and we can begin discussing your next steps right away.