William C. Head, P.C.
Atlanta DUI Law Firm
2nd DUI in GA: DUI Second Offense in Georgia
By: DUI Attorney Cory Yager and DUI Lawyer Larry Kohn, Experienced DUI Legal Advocates and Nationally Published DUI Book Co-Authors, to Serve As Your 2nd DUI Attorney
What happens when you get a second DUI? In Georgia, when you get a 2nd DUI, you face mandatory criminal penalties such as jail time, fines, and probation, while also dealing with possible license suspension. If your second DUI occurs within 5 years of your first, Georgia law requires your mugshot and conviction details to be published in the local newspaper, and you must pay a $25 publication fee. Even more consequential, a second offense DUI stays on your record for life.
The penalties vary depending on whether your second DUI occurred within five or ten years of your first offense, with Georgia DUI laws among the toughest in the country for repeat offenders.
In the many thousands of client cases our law office has handled, dozens of clients charged with drunk driving have gotten 2 DUIs in one year. Some of our law firm’s clients have gotten two DUIs in one day! The legal advice for these rare cases must be customized to the jurisdiction and our client’s “tolerance” level, for DUI punishment.
Penalties for 2nd DUI in Georgia
Is jail time mandatory for a second DUI in Georgia? Yes. 72 hours is the absolute minimum mandatory jail time for 2nd DUI offenders. Depending on the facts, jail time may increase to 90 days or longer.
Is there any way to avoid jail time for a 2nd DUI? DUI Court programs may help reduce active jail time, but even with DUI Court, 72 hours must still be served. If you reject participation in DUI Court, many judges will impose much harsher jail sentences upon conviction. For example, a person facing a 2nd DUI after 7 years (but before 10 years) may qualify for slightly better license reinstatement options than someone charged within 5 years, but jail time can still be substantial depending on the jurisdiction.
When a second DUI offense needs to be avoided, this is the place you need to focus on hiring one of the best DUI lawyers near me. The statutory jail time for 2nd DUI is 90 days to 1 year, with not less than 72 hours to be served in a jail cell. For most clients, questions about “what happens with your second DUI” are dominated by jail time inquiries.
In addition to jail time, a second DUI conviction in Georgia also carries significant financial penalties and other mandatory requirements. Fines range from $600 to $1,000 (plus court surcharges), along with a mandatory 240 hours of community service and successful completion of a “Risk Reduction” (DUI school) course.
When you add the seizure of all license plates for every motor vehicle titled in the convicted driver’s name to all of these other DUI penalties, the consequences really begin to ‘sink in.’
The punishment for second DUI convictions for driving under the influence of alcohol or drugs (DUI) is, by far, the most complex of these moving violation statutes. That means that 100% of convictions on DUI charges second offense creates at least 120 days of total driver license suspension, or longer.
License Suspension After 2nd DUI in GA
Georgia’s implied consent laws require drivers to submit to chemical testing (either a breathalyzer or blood test) after a DUI arrest. Refusing this test can result in an automatic license suspension and create additional penalties if convicted of a second DUI offense.
How long is your license suspended for a 2nd DUI? If your second DUI occurs within 5 years of the first, your license will be suspended for at least 18 months, with no driving for the first 120 days. After that, limited reinstatement may be possible with an ignition interlock and other requirements. If the offenses are more than 5 years apart, suspension lengths may vary based on DDS rules and court orders. One lookback for penalty for second DUI is for determining driver license suspension or revocation. That driver licensing statute uses 2 DUIs within 5 years.
How long do you lose your license after a 2nd DUI? For early reinstatement, the driver must install an ignition interlock after the 120 days of total suspension, or for drivers under age 21 at the time of the plea or trial, after 18 months of no driving. Proof of car insurance, completion of the risk reduction program and having obtained the clinical evaluation and treatment are part of the package deal. The reinstatement fee required by OCGA 40-5-84 will be $310 in person, or $300 walk-in.
For many, filing the GA Department of Driver Services appeal of the administrative license suspension (ALS) within 30 days is the first step toward finding an acceptable driving solution. If the client has a prior conviction and this arrest is the number 2 DUI in 5 years (measured by dates of arrest), this DDS GA appeal is his or her only option.
The IID (ignition interlock device) option is only available for a 1st offense DUI within five (5) years. Any second DUI charge occurring within five years of that first arrest date is ineligible to opt for that permit, thereby exposing that driver to a potential TOTAL license suspension for 12 months.
How long is your license suspended for second DUI? One lookback for penalty for second DUI is for determining driver license suspension or revocation. That driver licensing statute uses 2 DUIs within 5 years.
Probation and Repeat Offenders
What about if I am facing a 2nd DUI after 10 years? On a second DUI after 10 years, these offenders theoretically can be punished as a first offender. However, not all judges will accept this type of negotiated plea. Even when permitted, many judges may still impose stricter sentencing conditions.
When a Judge won’t take minimums, these issues are “worked out” by your legal counsel. By this, we mean to expect heavier community service hours, more treatment, etc.
What If I get a second DUI while on probation? A second DUI while still on probation from a prior offense will likely be considered a probation violation, triggering probation revocation, additional jail time, and longer license suspension. Many judges take these violations extremely seriously.
How many DUIs is a felony? A fourth DUI within 10 years becomes a felony under Georgia law. First, second, and third offenses remain misdemeanors, but punishments escalate sharply with each conviction.
Can my 2nd DUI in Georgia be reduced to reckless driving? In some cases, yes. The mandatory jail time for 2nd DUI is built into the GA DUI statute. What happens when you get a 2nd DUI can include a DUI court orientation. The 2nd DUI prosecutor will have marching orders to not offer a low penalty for second DUI, to try to get people into the accountability court.
In Georgia, What Happens If You Get Two DUIs?
The Georgia law pertaining to impaired driving traffic violations has been called the second toughest in America. Without doubt, a 2nd offense DUI ramps up penalties and consequences significantly. Plus, some of the unique punishments in the State of Georgia do not exist in other states.
What happens when you get 2 DUIs? For those who manage to get two DUIs, Georgia uses two “lookback” periods for imposing DUI penalties. Both are measured by dates of arrest. So, when a client has an arrest for a second DUI in GA 2018, and had another conviction from an arrest in 2013, the exact dates of arrest are needed.
The other “lookback” measurement is used to determine minimum, mandatory criminal sanctions and penalties, and is for those drivers with 2 DUIs within 10 years. By changing this from 5 to 10 years on July 1, 2008, the Legislature intentionally snared many more repeat offenders.
This 2nd DUI within 10 years also will put many violators into the DUI Court program (where such accountability courts are in operation). Such intensive probation options help dodge significant second DUI jail time, for those who succeed in the program.
Yet, if convicted, this driver is still facing a lot of jail time (possibly 90 days or more) in many jurisdictions around the State of Georgia. This is how Georgia gained a reputation for draconian punishments on DUI cases.
Finally, if convicted of a second DUI, you will have your mugshot posted in your local paper. Note: The mugshot above is NOT a previous or current client.
If You Have a Second DUI Within 10 Years, Call Today for Legal Help
To try and avoid a 2nd DUI conviction in Georgia, your starting point is hiring one of a DUI lawyer near me, who is among the best DUI lawyers in Atlanta, Georgia. These top lawyers will offer you a FREE lawyer consultation near me, explain how their criminal defense attorneys review your DUI case facts, and implement a game plan for winning.
Talk to ex-cop Cory Yager, AVVO superstar Larry Kohn and best DUI in Georgia attorney William C. Head, now in his 48th year of DUI defense. Our law firm has a location nearby, and can meet with you virtually, or in person, using social distancing protocols.
Our FREE consultation will cover the 2nd DUI lawyer cost and a payment plan to fit your budget.
Call Today at 404-567-5515 for a FREE lawyer consultation plus receive immediate attention for your pending DUI case.
Additional helpful, related links that may be of interest:
2nd DUI Conviction – 15 Harsh Consequences
Atlanta DUI Lawyer – Criminal Lawyer Near Me
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