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Second DUI Offense In Georgia
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Second DUI Charge In Georgia
In Georgia, it is illegal to drive with a BAC (blood alcohol concentration) of .08% or above if you are over 21 and 0.04% for commercial drivers. If this DUI offense occurs within 10 years after the first one, then the penalties can be as severe as 1 year in jail and up to a $1,000 fine.
If you are facing a second DUI offense in Georgia, make sure to enlist the help of an experienced DUI defense attorney. The disparity between having two DUIs in ten years and one is substantial; for this reason, it is imperative that you hire a professional who knows exactly how to handle such cases.
Even if you thought the consequences would be minor, prepare to be astounded by how much your life can alter. With fines and penalties, license suspension, clinical alcohol evaluation, and even an ignition interlock device on the line, it’s easy for a DUI charge to spiral out of control. To nip things in the bud before they worsen further still, contact Downie Law, LLC today for a free consultation and to learn more about how we can help.
Penalties For A Second DUI Offense In Georgia
If you have been previously charged and convicted for DUI, it is still considered a misdemeanor offense. Nonetheless, the courts and prosecutors will approach this new charge with more severity than before. In many cases, the plea bargains that are offered can be extraordinary; thus requiring one to challenge these accusations in court. It is essential to enlist an educated lawyer who has substantial experience in such matters if you wish to win your case.
In Georgia, the legal parameters for sentencing are determined by 10-year increments. If you plead guilty to a DUI offense, there is a minimum requirement that must be met, in accordance with state law. This 10-year period begins from the date of your first arrest and ends when you get arrested again for another DUI case. The consequences of being charged with this crime can be severe as it carries criminal penalties if convicted on a second count of driving under the influence (DUI).
For DUI offenses, you must serve a minimum of ten days and up to one year in prison. In some cases, the sentence can be reduced to 72 hours. Unless the case is dismissed or won, there’s no way around spending at least three days behind bars. Apart from jail time, other consequences may include:
- A fine between $600 and $1000
- 240 hours of community service
- $25 dollar fine to have your picture published in the paper
- Forfeiture of license plates on all of your cars
- Attendance at a mandatory DUI school
- Participating in an alcohol and drug evaluation
- 17 weeks of substance abuse treatment
- An ignition interlock device installed on your vehicle
If convicted of a second DUI within 10 years, your driver’s license will be suspended for 1 year and you may qualify for limited permits. However, if the conviction occurs within 5 years, then your license is immediately revoked for 3 full years. Fortunately, reinstatement can potentially happen earlier than expected in some cases – after only 1 year of suspension. Limited permits are not available under normal circumstances; however, there is an option to receive one after 120 days of hard suspension in special instances.
Administrative Penalties For A Second DUI Offense In Georgia
If you receive a second DUI in Georgia within 5 years of your last conviction, the Georgia Department of Driver Services will promptly pursue suspending your license for 3 consecutive years with stringent rules on driving privileges. You won’t be eligible to get your license back until 18 months have passed and only then if you provide evidence that an ignition interlock device has been installed and used for 12 additional months.
If you’re facing a license suspension, you may demand an administrative hearing to battle the suspension of your license within 10 business days after the arrest. At Downie Law, LLC, we routinely file for appeals when contacted in the limited window of time provided. Moreover, prior to having your driver’s license reactivated, it is necessary that you attend a DUI Risk Reduction program and pay any applicable reinstatement fee associated with this process.
Second DUI Plea Deals
The State of Georgia has given prosecutors and judges immense leeway when deciding sentences for DUI-related offenses. Getting an experienced DUI lawyer onboard is the key to securing a negotiated plea agreement, rather than incurring hefty trial costs. Your attorney’s knowledge of relevant laws and regulations as well as their relationship with the prosecutor will be invaluable in attaining this goal – making them your most valuable asset throughout this process.
If you are facing a second DUI offense in Georgia, it is of the utmost importance that you take great care when selecting an attorney. To ensure proper representation and success in court against these serious charges, look no further than Downie Law, LLC. Call now with any questions or concerns regarding second-offense DUIs in Georgia.
Understanding 2013 Changes To Georgia DUI Law
In 2013, Georgia DUI laws underwent a substantial transformation – the latest being the modified application for limited-use permits. Before this alteration, those convicted of driving under influence twice in five years were not even allowed to apply for such a permit during their initial year’s license suspension period. But now, you have an opportunity to request one after just 120 days of hard suspension! That said, only drivers who meet certain prerequisites can obtain it within that time frame.
- Your second DUI within 10 years is punishable by no more than 12 months in prison and a $1,000 fine. The mandatory minimum sentence is 72 hours in jail and a $600 fine.
- If you have a prior conviction within the last five years, you must surrender your license plates and pay $25.00 to have notice of your conviction published in the local newspapers.
- If you had a prior DUI within five to ten years, your driver’s license will be suspended for at least 18 months. After 120 days, you can apply for a limited permit.
- In order to apply for a limited permit after 120 days of license suspension, you must present a certificate of eligibility from a court-approved substance abuse program.
Frequently Asked Questions
Is A Second DUI A Misdemeanor Or A Felony In Georgia?
A second DUI offense in Georgia is considered a misdemeanor, punishable with up to one year of prison time. However, the fourth conviction within ten years would be upgraded from a misdemeanor to a felony if there has been property damage or serious physical injury and/or fatalities involved.
What Is The Difference Between Your First and Second DUI?
The difference between your first DUI offense and your second is important to understand. A second DUI may be a misdemeanor, but Georgia law nonetheless requires at least three days of jail time as the minimum punishment. It’s not uncommon to see sentencing that calls for 10 to 90 days in incarceration after conviction of a second offense; therefore it is important to understand that your sentence could go beyond just three days.
Georgia residents convicted of a second DUI offense face penalties that include suspension of their driver’s license for up to 18 months and installation of an ignition interlock device. Additionally, upon completion of any court-ordered jail sentence, the DDS may require them to complete 240 hours of community service as well as pay fines and other costs associated with the conviction before reinstating their driving privileges.
Will I Go To Jail For A Second DUI In 10 Years?
When you are convicted of a second DUI, the law states that your jail sentence can be up to 12 months in prison. O.C.G.A § 40-6-391 (the DUI statute) permits all but 72 hours of this penalty to be served on probation instead of behind bars, yet many judges will mandate more time than required by law. The exact amount may differ between jurisdictions and judiciaries as each has its own set of rules regarding incarceration periods for such cases.
Contact Our Georgia DUI Defense Attorney Today
It’s essential to recognize that harsh punishments don’t have to be endured. As experienced Georgia DUI attorneys, we will do everything possible to shield you from the extreme consequences of being charged with a DUI. The prosecutors and judges in charge of sentencing are given significant wiggle room due to the flexible laws concerning DUIs in Georgia.
At Downie Law, LLC, we are dedicated to delivering the best outcome for your case; utilizing our expertise in legal matters and forming strong relationships with prosecutors, agreements can be diligently pursued. Moreover, should negotiations fail or if you would prefer a trial instead, we remain confident that our knowledge and experience will lead us to success! Furthermore, there is hope for every client as Georgia DUI defenses are available to bolster any proceedings. Contact our office today for a free case evaluation and to learn more about the next steps.