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Georgia Conditional Discharge for Marijuana, Underage Consumption, and Underage Possession Of Alcohol Charges

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Georgia Conditional Discharge: Generally reserved for Marijuana Possession of less than one ounce (O.C.G.A. §16-3-2) and Possession of Alcohol by a Minor/ Under Age Possession or Consumption (O.C.G.A. §3-3-23.1), a Conditional Discharge is where a defendant enters a guilty plea, but the judge withholds disposition until a period of probation is completed.  Usually the probation period is 3 to 12 months for Possession of Alcohol by a Minor and 12 months for Marijuana Possession of less than one ounce.  In addition to probation, many judges require Risk Reduction School/ DUI School, 20-40 hours of community service, Drug and Alcohol Evaluation and complete recommendations, and the payment of a fine along with associated costs and fees.

A Georgia Conditional Discharge on a Marijuana arrest and completion of DUI School will save a defendant’s license from suspension in a Marijuana Possession of less than one ounce. Many defendants are surprised to learn that almost all drug offenses in Georgia result in a license suspension, even if not driving.

Many Possession of Alcohol by a Minor/ Under Age Possession or Consumption case do not have an automatic suspension, but if there are concerns a Conditional Discharge might save the defendant’s license.

A Conditional Discharge can only be used once for the offense and requires the judge’s approval.  Additionally, a Conditional Discharge is not eligible for expungement unless the terms specifically provided for expungement. (See O.C.G.A §35-3-37(d)(7).)

At Breakfield & Associates, Attorneys, our Gainesville Georgia Criminal Defense Attorneyswelcome any questions on Criminal Defense and Georgia DUI laws. Please Call or Email us with any questions.  Your initial consultation is
free and confidential.

About the authors: John Breakfield and David B. Purvis are Georgia Lawyers with Breakfield & Associates, Attorneys in Gainesville, Georgia and handle various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters. The law office of Breakfield & Associates, Attorneys can assist clients through out Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Lumpkin County (Dahlonega), Gwinnett County (Buford, Sugar Hill, Lawrenceville), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Banks County (Homer) and all of Northeast Georgia.

This article and video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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