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? This page covers what happens with 2nd DUI in Georgia, so that accused DUI arrestees comprehend the battle that lies ahead and learn about the high penalties involved. We have 11 ways to beat a DUI.

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.

Georgia DUI laws, second offense, have state-specific rules controlling minimum, mandatory punishment that local judges cannot reduce or waive. In addition, the 2nd DUI license suspension creates blocks of time that the driver cannot drive at all.

Can you avoid jail time after second DUI? No, seventy-two (72) hours is the absolute minimum, mandatory jail time for 2nd DUI offenders. When you add the seizure of all license plates for every motor vehicle titled in the convicted driver’s name, the penalties for second conviction of DUI start to “register” as being painfully tough.

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.

What happens when you get a 2nd DUI? The Georgia implied consent laws (GA DUI laws) were amended in both 2019 and 2020.

In 2022, those who refuse the law enforcement officer’s post-arrest chemical test can face a lengthy loss of driving privileges for that DUI refusal if this is a second offence DUI. This will either be a breathalyzer test on the Intoxilyzer 9000 or a blood extraction request.

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 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.

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.

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, many Georgia judges will either balk at taking such a negotiated plea or reject it outright.

Often, a second DUI outside ten years may be a mix of 2nd DUI conditions and DUI punishments. 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.

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 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 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.

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 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.

Rejecting the DUI court program leads many judges to impose heavy jail sentences, if convicted on a DUI 2nd offense. By way of example, for a person facing a 2nd DUI after 7 years (but before 10 years), he or she can obtain better driver’s license treatment than the DUI second in five offender.

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.

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 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.

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! Free lawyer consultation plus receive immediate attention for your pending DUI case.