What happens with 2nd DUI in Georgia? This article about 2nd offense DUI outlines details on why (if convicted) Georgia’s 2nd DUI in 10 years is a job-threatening event.
Finding experienced criminal defense attorneys to defend your DUI charges, second offense is imperative. You do not want legal advice from someone who has a nearby law office who has never successfully fought a second offence DUI.
Can you avoid jail time after second DUI? If convicted, no. If the DUI charge is reduced or the DUI is dismissed or you are acquitted of the charge, then yes, jail time can be avoided. Plus, any second DUI after 10 years will be treated (in the Peach State) as a 1st DUI offense, due to the “washout” period of 10 years being exceeded. Not all states still honor this type of “lookback” limitation.
Also, on a second dui within 10 years, you only have 30 days after arrest to file an administrative license suspension appeal and pay the $150 filing fee. This must be delivered to the Georgia Department of Driver Services.
As opposed to the first offense DUI option to pay to install a 12-month ignition interlock device (IID), that is not an option on a second DUI within 5 years of the first DUI. The IID option would be possible, however, if the prior date of arrest on the 1st DUI conviction was beyond 5 years before the current arrest date.
1. What happens if you get a 2nd DUI? Having convictions for 2 DUIs in 5 years on your driving record results in total suspension of all driving privileges for 2nd DUI offense in GA. No limited permit is available for the first 120 days, at a minimum, if convicted for the second time within 5 years, based on dates of arrest. Plus, only drivers with an age 21 and over license are eligible, so those with a class D license (instructional permit) cannot qualify, nor can the driver not yet 21 when the plea or conviction is entered.
2. Upon any second DUI conviction, all Georgia license plates on every motor vehicle in the convicted driver’s name must be turned into the court at the time of the plea or DUI conviction at trial. These cannot be returned, except in accordance with Georgia law. Procedure exists for one family member to apply for a special limited tag to drive one vehicle is available through the Georgia Department of Revenue. [NOTE: The image of the unknown person below was found in Google images and is not a previous client of our law firm.]
3. Life after a 2nd DUI Conviction. Publishing your mugshot and DUI case disposition in the local newspaper, for any DUI second offense Georgia within ten years. See example below (Image below is from Google images search and is not one of our clients).
4. When can I get my license back after a 2nd DUI? A 2nd DUI in 5 years Georgia conviction results in a restricted ability to transport your own children in your vehicle, for 18 months or longer, including the total prohibition of driving for ANY purpose in the first 120 days. After completing the risk reduction program (DUI school) and the other requirements for repeat DUI offenders the Georgia Department of Driver Safety will record your DDS suspended license, as a repeat offender. Then, after, only then when an interlock device is installed and for the limited purposes in DDS GA regulations. Plus, this only becomes available to those who qualify for early reinstatement.
5. Mandatory installation of a 12-month interlock device to obtain early reinstatement or a restricted license. This is available to Georgia licensees age 21 and older after 2nd violation of Georgia DUI law, following the above-stated 120-day, total suspension of all driving privileges.
6. On the criminal court conviction, the 2nd DUI license suspension GA goes from a 12-month suspension (for a DUI 1st offense) to a three-year suspension on the 2nd DUI within five years.
7. Inability to rent cars while on 2nd DUI in GA, because you cannot drive a non-interlock car. Nor do any of the of the rental car companies willing to lease out their vehicles to those on a restricted license.
8. Performing no fewer than 240 hours of community service hours, which is 6 times more than for a 1st DUI offender in Georgia.
9. Possible participation in a DUI Court program that costs about $3500 to $4000 over 24 months, and takes up not less than 4 hours of court time every week, for up to 24 months, plus attending AA (or similar) alcohol and drug awareness meetings daily.
10. Mandatory jail time for 2nd DUI. Your refusal to participate in the DUI Court program (in some GA counties) means far more than the minimum, mandatory 72 hours in jail. You will be offered 60, 90 or 120 days in jail, for 2nd DUI in GA, and 120 days (or more) for 3rd DUI, with additional punishment for high and aggravated monetary fines and jail time that cannot qualify for 2-for-1 good-time jail credit.
11. DUI car insurance cancellation or requirement to move to SR-22, assigned risk pool at exorbitant rates (up to 5 times preferred rate premiums). For clients with substantial assets, the DUI insurance options after conviction will restrict the ability to purchase for higher liability limits of coverage that are normally available.
12. Ineligible to apply for early reinstatement or ignition interlock device options, for second DUI in GA, for person licensed by another state, when arrested in Georgia for a Georgia DUI. For those licensed in Georgia, a high reinstatement fee coupled with an obligation to install an ignition interlock for 12 months.
13. Undergoing a clinical evaluation for substance abuse, and then completing a lengthy, expensive alcohol and drug therapy and treatment, to become eligible to be reinstated to drive again in Georgia.
14. Future job availability, creditworthiness, eligibility to buy preferred life insurance jumbo policies, travel outside the USA to places like Canada, and denial of the ability to rent cars from most major car rental companies are a small scattering of the draconian punishments that await the person convicted of a 2nd DUI in GA within a five-year period.
15. CMV drivers (commercial motor vehicle) with two DUIs lose their CDL overlay for their lifetime by getting a second DUI and can no longer drive big rig trucks or passenger transports for a living.
What Is the Penalty for Second DUI in Georgia?
For a second conviction of DUI what is the penalty? The GA DUI penalty chart below helps summarize all the DUI consequences and criminal law DUI penalties for a DUI second offense GA.
Lawyers Near Me for DUI: Repeat Offense Cases Need Top-Rated DUI Lawyers
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 attorneys 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 turned DUI defense attorney Cory Yager, AVVO superstar Larry Kohn and best DUI in Georgia attorney William C. Head, now in his 46th year of DUI defense. Our law firm has a location nearby, and can meet with you virtually, or in person, using social distancing protocols.
Call today to learn more about the legal services of our DUI defense lawyers. You can contact our award-winning Atlanta DUI attorneys near me NOW, 24-7, for a FREE initial criminal case review with our criminal justice lawyers. Obtain your FREE lawyer consultation by dialing 404-567-5515.