Any second DUI in Georgia that falls within Georgia’s 10-year lookback period causes the mandatory imposition of harsh DUI penalties in the criminal case that a Judge cannot alter or waive. This ten-year lookback period is measured by “date-of-arrest” to “date-of-arrest.” The Georgia legislature has boxed in the sentencing options for certain repeat offenders with a DUI charge on a driver’s record.
Somewhat more favorable are our current Georgia DUI laws that provide that driver’s license administrative license suspension penalties (for a violation of Georgia implied consent law) will use a 5-year lookback period, utilizing the same method of looking at DATES OF ARREST. In most states the driving license repercussions track the same number of years as DUI penalties.
As opposed to the ten-year time frame for increasing mandatory DUI penalties on the CRIMINAL cases, Georgia DUI laws call for a 5-year lookback on administrative license suspension (ALS) driver’s license “loss-of-driving-privileges” issues.
This shorter lookback period FAVORS the Georgia DUI driver for protecting his or her ability to be treated as a first DUI offense, for licensing purposes. In 2008, the Georgia State legislature could have made the second offense DUI in Georgia loss of driving privileges provisions applicable to the same 10-year term as the criminal punishment.
If an arrested citizen age 21 and over is a Georgia driver license holder, and has not had a prior DUI conviction within five years, the 2nd DUI in Georgia will have an additional option for a limited permit (after a DUI refusal) under the July 1, 2017 change in Georgia implied consent law provisions for continued driving privileges. This new law helps certain drivers with a DUI second offense who refused to test (under implied consent law) to opt for an ignition interlock device (IID), so long as no prior GA DUI had its arrest date within the 5-year lookback period.
The differences between DUI penalties for a Georgia DUI first offense and a second DUI in GA are significant. Across the board, criminal conviction penalties in the 2nd DUI in GA case are substantially greater, insofar as mandatory, minimum punishments. This includes any second offense DUI within the past 10 years. The ten-year time period is measured from dates of arrest.
This ten-year window is called a “lookback” period, since the Georgia DDS (Georgia Department of Driver Services) looks BACK (on your driving history) to see if you are a repeat offender. Any 2nd DUI in Georgia that falls within the 10-year period causes the mandatory imposition of harsh penalties that a judge cannot alter or waive.
Moreover, Georgia DDS mechanically applies the administrative driver’s license suspension rules, so that total suspension of all privileges will occur for a second DUI in Georgia, if that second conviction gets recorded at any Georgia court within 5 years of the first. This difference, between criminal sanctions and administrative license suspension penalties, is discussed more below.
Our three Georgia Super Lawyers aggressively represent clients accused of committing crimes through filing and arguing suppression motions. Limit your search to a lawyer for DUI who has achieved legitimate legal industry excellence attorney ratings, and who possesses a track record of proven drunk driving defense results on knowing how to beat a DUI. If our law firm has the RIGHT criminal defense attorney for you, ask our law office about our DUI attorney payment plans.
WARNING: To take advantage of Georgia’s new administrative driver’s license options for ELIGIBLE Georgia licensees, (age 21 and over, with no prior DUI conviction within 5 years of the current arrest for DUI in Georgia), an arrested driver now has 30 calendar days after arrest to ACT. Under OCGA 40-5-64.1 and OCGA 40-5-67.1, the driver MUST either seek a GA DDS appeal or apply for an ignition interlock device limited permit (IIDLP) through Georgia DDS for a full 12 months. This DECISION is critical to your overall DUI case, so obtain a FREE lawyer consultation near me BEFORE acting! Dial 404-567-5515 NOW!
No LATE filing for a DDS appeal OR to get the ignition interlock installed and “permitted,” is allowed by DDS GA; so see a top DUI lawyer immediately, after an arrest for DUI in Georgia. So long as you are not facing a 2nd DUI in Georgia within the past 5 years, you are likely eligible for better driving options, if age 21 and over and are a valid Georgia drivers’ license holder.
Drunk driving accident penalties, whether for a first offense DUI or a second offense DUI in Georgia, MAY involve either felony or misdemeanor DUI penalties. If involved in a DUI accident, the driver can be in jeopardy of devastating financial penalties (in the related civil case), since punitive damages are possible if the person is convicted of DUI. This civil judgment for money damages is not dischargeable in bankruptcy.
If serious injury or death occurs, regardless of the type of DUI (i.e., alcohol, cocaine, marijuana, Suboxone, Xanax, Soma or similar prescribed medications), you will be facing felony charges. This article reviews drunk driving penalties for a 2nd DUI in Georgia, in both the felony and misdemeanor scenarios.
Some people foolishly try to self-assess their chances of winning the DUI in GA. The operable word here is “FOOLISHLY.” Just reading TRUE DUI case histories with: (1) BAC levels triple the alcohol legal limit, or (2) with a DUI refusal and failing all three NHTSA field sobriety tests, or (3) another drunk driving case report of a DUI checkpoint with a Intoxilyzer breath test double the legal alcohol limit, from two of our previous criminal trials will dissuade you from thinking that you have no chance to beat a DUI in court.
After being arrested for DUI in GA, some people are so depressed that they dwell on their mistake the night before, and not on beating the criminal charges. Fear of the unknown can be a powerful enemy. Our DUI lawyer partners WELCOME comparing criminal attorney comparisons. For example, our lawyers near me include three different law book authors, which is unique in Georgia and possibly in all of America.
A successful defense record for all Atlanta DUI attorneys in the law firm must include possessing the ability to neutralize field sobriety test evidence and finding ways to eliminate breath alcohol test results, especially where the “number” is in excess of the legal alcohol limit. Plus, know the LAW is critical, and this entails our DUI attorneys being familiar with every prior appellate decision on Georgia DUI laws and especially the Georgia implied consent law.
Drugged driving cases have grown by 100% in the last 15 years. Sleep driving DUI cases, after taking prescribed medications for insomnia or pain management are up by 400%. Plus, a conviction for DUI-drugs has more devastating DUI penalties in Georgia that a DUI-alcohol case, due to more severe loss of driving privileges and other loss of entitlements (e.g., loss of the GA Hope Scholarship due to a “drugs” conviction).
Each DUI attorney in our law office possesses special training on debunking “drug recognition” officers’ training and roadside tests like the “modified Romberg test” and the less-extensive ARIDE protocols require that our criminal defense lawyers know how to challenge a GBI blood alcohol or drugs test. Each of our Atlanta lawyers are an INSTRUCTOR in the three NHTSA standardized field sobriety tests (SFST), which exceeds the training of most police officers making arrests for DUI in Georgia.
Call our Atlanta-metro DUI lawyers NOW, 24-7, for an initial Georgia DUI case review and to obtain FREE legal advice: 404-567-5515, or email our criminal justice lawyers.
Other Highly-Searched Links for Related Topics:
Links About Criminal Georgia DUI Laws and Our Georgia DUI Attorneys
Main statute: O.C.G.A. 40-6-391
Georgia DUI class (or Risk Reduction DUI school)
DUI Forensic Testing Statute: O.C.G.A. 40-6-392
Other Links About Administrative License Suspension Issues
Implied Consent Statute: O.C.G.A. 40-5-55
Best Lawyers in America:
Bubba Head is Board-Certified by the National College for DUI Defense