If you have been charged with driving under the influence (DUI) in Georgia and you have already been convicted of DUI at least once in the past five years, you are facing particularly harsh criminal penalties and driver’s license consequences if convicted again. Think about the impact a first offense had on your life — and fight your second offense by completing my Free Strategy Session form or calling me at 706-284-4380.
According to Georgia law, any person convicted of two or more DUIs within a five-year period is considered a habitual drunk driver. As a result, these motorists face much tougher sentencing guidelines than individuals who have no prior history of driving under the influence. If you get a second DUI, and especially if your second DUI arrest closely follows the first state prosecutors will be very hard to negotiate with, and you will need the very best DUI lawyer you can get.
While a first conviction will result in a mandatory minimum of 24 hours behind bars, this is increased to 72 hours for a second conviction, but more realistically you are going to spend about a week to two weeks in jail with most judges for a second offense when you have had a prior 1st DUI within the last 10 years And the judge could sentence you to 90 days to 12 months of incarceration. Some of this time may be suspended or probated in lieu of a 12-month probation period, although you could be ordered to serve out the remainder if you fail to comply with the conditions the court has set forth. Augusta now has a “DUI Court”, that is designed to deal with repeat offenders. Stringent probationary restriction are applied in these court and stiff jail terms are usually found in those jurisdictions that employ such courts
Additional penalties for a second DUI offense may include $600 to $1000 in fines and 30 days (240 hours) of community service.
The Department of Driver Services can also suspend your license for three years for a second breath test refusal or failed breathalyzer test. The first 12 months are a hard suspension, which means no driving at all, but you may be eligible for a limited permit after this time period is over. As a condition of your license reinstatement, you may be required to complete another alcohol risk education course. Clinical evaluation and have an ignition interlock device mounted in your vehicle for six months.
While your license is suspended, you will be required to turn over your license plates to the court; however, you may be able to apply for a hardship tag if your family member co-owns or is dependent on the vehicle. Once you receive a limited permit or your license is reinstated, you can apply for new tags.
To publicize your conviction, the court will also order you to pay to have your photo, name, address, and arrest details published in your local newspaper and you will be required to pay the newspaper $25.