Georgia’s Driving Under the Influence (DUI) laws are more rigorous than almost any other state. If it’s your first DUI charge, DO NOT minimize the situation, thinking the Judge will “take it easy” on you. You need to contact an experienced DUI attorney that understands the depths of the law, the procedures, and hearings following such violations. DUI Statutes in GA cover more than just the influence of alcohol, these statutes also include marijuana, inhalants, prescription drugs, controlled substances or any combination.
A DUI in Georgia first offense conviction will be on your criminal record FOREVER and penalties may include jail time, fines and mandatory classes, to name a few. Any subsequent charge(s) carry more severe penalties. At Kohn & Yager, LLC. our criminal defense lawyers will fight on your behalf to diminish the charges you are facing and their harsh effects. Our Atlanta attorneys have decades of experience and specialize in DUIs.
What is the Penalty for Second DUI Offense in Georgia?
The potential penalties you are facing for a 2nd DUI conviction in Georgia will change your perspective on Georgia’s driving laws and their severity. In GA, DUI cases include two separate types of penalties: administrative and criminal. The administrative penalties refer to your license suspension. Unlike the ALS hearing from your previous DUI case, the Georgia Department of Driver Services (DDS) will NOT grant you a limited driving permit under any circumstances for a minimum of 120 days. All of your driving privileges will be SUSPENDED during this time. On the 121 day, it is mandated to install an ignition interlock device in order to receive an early reinstatement. If you are not eligible for early reinstatement, your license may be suspended for up to 3 years. This Georgia DDS link contains information regarding license suspension, revocation, and limited driving permits fees and terms.
Georgia DUI penalties on the criminal side of your case include: mandatory DUI school, alcohol and drug classes, a clinical evaluation, 240 hours (30 days) of community service, 72-hour sentence to serve jail time, fees and fines up to $1,000.00 and publishing your mugshot in the local newspaper. Over the 24 months, the DUI/drug court program costs nearly $3,500-$4,000 and at minimum, 4 hours spent weekly in court. In addition to attending AA meetings, alcohol awareness, or drug awareness meetings daily.
How to Fight a Second Offense DUI In GA
The attorneys at our law offices in Atlanta, Georgia understand the significance a great defense has on your case, and furthermore, your future. Each case requires a unique defense strategy based on the evidence. An arrest is NOT a conviction. The conviction is based on the evidence, and our DUI lawyers know how to analyze your cases’ strengths and weaknesses and utilize them for your benefit.
Give yourself a fair fighting chance for your DUI second offense or DUI third offense, call our Atlanta law firm and speak to one of our GA DUI attorneys about your case, or click the button below to submit your information for a FREE case evaluation. Our award-winning criminal lawyers can explain what happens with a 2nd DUI in Georgia, based on the facts you provide us. The best defense is a good offense.
What is a 2nd DUI in GA Case?
To fully understand GA’s drunk driving laws, you must know a few things: any DUI conviction will stay on your record forever, there are no expungements for drunk driving, and there is no first offender DUI program. In July of 2008, Georgia legislation doubled the lookback period, from 5 to 10 years, increasing the criminal penalties severely for second-time DUI offenders. The administrative or license suspension penalties is still based on the 5-year lookback period. If your subsequent DUI arrest date is within 10 years from your first arrest date, your conviction will have drastically harsher penalties.
What is the Significance of a Second DUI Conviction within 10 Years??
Georgia DUI laws have a ten year “look back” period, measuring the dates from arrest to arrest. On the grounds of punishment, nolo Contendere and guilty pleas are considered identical. If you are convicted of a 2nd DUI in 10 years, the criminal consequences not mentioned above that differ the most from the 1st DUI conviction are:
- You will not be able to terminate probation for less than 12 months; and
- The minimum jail sentence (including the mandated 72 hours) is from 90 days to 12 months.
The administrative consequences that differ the most for the 2nd DUI license suspension in GA are as follows:
- After your 120 days full suspension of all driving rights you must prove eligibility for a drug program or clinical treatment,
- You will not be able to drive any vehicle that does not have the interlock device installed for one year (including rental vehicles) and
- Following the 12-month interlock device installation, you will only be able to drive with a limited driver’s permit for an additional 2 months.
The last two penalties listed only apply to convictions for 2nd DUI in 5 years in Georgia. License suspension, driving reduction courses, community service, probation and jail time, these can all be avoided when you retain the right legal counsel.
If you were recently charged with a 3rd DUI in Georgia within 5 or 10 years, you are facing the most severe misdemeanor disciplinary actions, including: 15 day minimum jail sentence, 20 hour Georgia Risk Reduction Program, 5 year license suspension (if it’s the 3rd DUI within 5 years,) license plate surrender and announced a habitual violator. These are just a few of the consequences for 3rd offense DUI in GA, classified as a high and aggravated offense.
Having represented hundreds of repeat DUI offenders, our criminal defense attorneys know how much is on the line with your drunk driving case. An arrest is NOT a conviction, do not allow the overwhelming circumstances to defeat you before the fight has started. Call (404)567-5515 to speak with William C. Head, Cory Yager or Larry Kohn. Our award-winning, board-certified lawyers represent clients in the metro Atlanta area, including: Alpharetta, Athens, Atlanta, Chamblee, Decatur, Dunwoody, Johns Creek, Lawrenceville, Marietta, Milton, Roswell, Sandy Springs, and Smyrna.
Highly Searched links to Related Topics:
Links About Criminal Georgia DUI Laws and Our Georgia DUI Attorneys
Main statute: O.C.G.A. 40-6-391
Georgia DUI schools for Risk Reduction DUI classes
DUI Testing Statute: O.C.G.A. 40-6-392
Felony Vehicular Homicide: O.C.G.A. 40-3-394
Felony Serious Injury by Vehicle: O.C.G.A. 40-3-394
Links About Administrative License Suspension
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Bubba Head is Board-Certified by the National College for DUI Defense