By: Cory Yager and Larry Kohn, Experienced DUI Legal Advocates and Published National Book Authors
What happens when you get a second DUI? This page covers what happens with 2nd DUI in Georgia, so that accused DUI arrestees comprehend the battle that lies ahead, and what the stakes are. In the many thousands of client cases our law office has handled, the number of clients getting 2 DUIs in one year is in double digits, and some of our law firm’s clients have gotten two DUIs in one day!
Georgia DUI laws second offense have state-specific rules controlling minimum, mandatory punishment that local judges cannot reduce or waive. 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.
Plus, under the Georgia implied consent laws (amended by both GA DUI laws 2019 and 2020), those who have refused the post-arrest chemical tests (breathalyzer or blood) can face a lengthy loss of driving privileges for that DUI refusal. Filing the GA DDS appeal within 30 days is the first step toward finding an acceptable driving solution.
On a second DUI after 10 years, that offender theoretically can be punished as a first offender, but many Georgia judges will either balk at taking such a negotiated plea or reject it outright. Often, the negotiated 2nd DUI penalty for those who have no convictions within the last ten years is a mix of conditions and DUI punishments “worked out” by your legal counsel.
Jail time for second DUI. 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 jail time for 2nd DUI is 90 days to 1 year, and not less than 72 hours must be in a jail cell.
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 2nd DUI in GA 2018, and had another conviction from an arrest in 2013, the exact dates of arrest are needed.
How long is your license suspended for a 2nd 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.
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 in 10 years also will put many violators into the DUI Court program (where available) to try to dodge the significant second DUI jail time many judges will impose, if convicted. So, for a person facing a 2nd DUI after 7 years, he or she can get better driver’s license treatment, but is still facing a lot of jail time (possibly 90 days or more) in many jurisdictions around the State.
3. 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.
4. Mandatory installation of an interlock device to obtain early reinstatement after 2nd violation of Georgia DUI law, following a 120-day, total suspension of all driving privileges, within 3 years.
5. A 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.
6. Inability to rent cars while on 2nd DUI in GA, because you cannot drive a non-interlock car.
7. Performing no fewer than 240 hours of community service hours, which is 6 times more than for a 1st offender.
8. 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.
9. Your refusal to participate in the DUI Court program (in some GA counties) means far more than the minimum 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.
10. 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.
11. 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.
12. 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.
13. Future job availability, creditworthiness, eligibility to buy preferred life insurance jumbo policies, travel outside the USA to places like Canada, and denial of 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.
14. 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.
To try and avoid a 2nd DUI conviction in Georgia, your starting point is hiring one of 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, in his 45th 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. For those with 3 DUIs in 5 years, read the information at this link.
Call today to learn more about our legal services. You can call our award-winning Atlanta DUI attorneys near me NOW, 24-7, for an initial criminal case review with our criminal justice lawyers. Obtain initial, FREE legal advice by dialing 404-567-5515.