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Second DUI: Georgia Second Offense DUI Conviction

Georgia driving laws have state-specific rules controlling minimum, mandatory punishment for some serious traffic crimes. Driving under the influence (DUI) is, by far, the most complex of these moving violation statutes. This area of law is (without doubt) the place you need to focus on hiring the best DUI lawyers near me.

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 DUI in one year is in double digits, and some have gotten two DUIs in one day!

GA 2nd DUI in 5 Years

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 2nd DUI in GA 2018, and had another conviction from an arrest in 2013, the exact dates of arrest are needed.

How long is license suspended for 2nd DUI? One lookback for penalty for second DUI is for determining driver license suspension or revocation. That 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 DUI 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 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.

14 Painful, Life-Altering Consequences and Impacts of a 2nd DUI in GA

  1. What happens if you get a 2nd DUI? Having convictions for 2 DUI in 5 years 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. Publishing your mug shot and DUI case disposition in the local newspaper, for any DUI second offense Georgia within ten years. See example below (Image below is from a Google images search, and not one of our clients).

GA 2nd DUI Mugshot

  1. A 2nd DUI in 5 years Georgia conviction results in a restricted ability to transport children in your vehicle, for 18 months or longer, including the total prohibition of driving in the first 120 days. Then, after, only then when an interlock device is installed and for limited purposes. Plus, this only becomes available to those who qualify for early reinstatement.
  2. Mandatory installation of 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.
  3. 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.
  4. Inability to rent cars while on 2nd DUI in GA, because you cannot drive a non-interlock car.
  5. Performing no fewer than 240 hours of community service hours, which is 6 times more than for a 1st offender.
  6. 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.
  7. 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.
  8. 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.
  9. 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 and ignition interlock for 12 months.
  10. 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.
  11. 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.
  12. 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.

GA DUI Penalties

If You Have a Second DUI Within 10 Years, Call Today for Legal Help

To try and avoid 2nd DUI conviction in Georgia, your starting point is hiring one of the best DUI lawyers in Atlanta, Georgia. 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.

Tal to ex-cop Cory Yager, AVVO superstar Larry Kohn and best DUI in Georgia 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.

Call our award-winning DUI attorneys near me NOW, 24-7, for an initial criminal case review and to obtain FREE legal advice404-567-5515 or go to this page to e-mail our criminal justice lawyers.

Georga DUI Lawyers Cory Yager, Bubba Head, and Larry Kohn

 

 

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MAIN LAW OFFICE IN SANDY
SPRINGS, GEORGIA:
5590 Roswell Road
Suite 210
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(404) 567-5515
DOWNTOWN ATLANTA GA
LOCATION:
235 Peachtree Street NE
Suite 400
Atlanta, GA 30303
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in Cobb County, GA:
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Marietta, GA 30060
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in North Fulton County, GA:
33 S Main St
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Alpharetta, GA 30009
(844) 867-2889