Second DUI Offenses and Penalties in Georgia

Any DUI offense is serious, but a second offense is even more significant. Repeat offenders are not shown the same leniency by the state. One DUI can be chalked up as a “mistake,” but a second DUI signals you have a serious problem with alcohol or drugs. Get caught a second time, and now you look like a serious offender.

Moffitt Law, LLC, can defend those facing a 2nd DUI in Georgia. Although possible penalties are steeper, you can still challenge the evidence and maintain your innocence. Call a Carrollton, Ga DUI lawyer at our firm for immediate assistance.

What Qualifies as a 2nd DUI in Georgia?

The state uses “look back” periods to see if a prior DUI will count against you:

Criminal cases: a 10-year look-back period;
Administrative cases: a 5-year look-back period.

As a refresher, every DUI case has a criminal and an administrative component. Your license will be administratively suspended in most cases, simply by virtue of being arrested or driving with a high BAC. That administrative suspension is separate from the criminal case.

If you have a prior DUI in the past 10 years, then you are facing a second DUI criminal case. If your prior DUI happened within 5 years, then you will also have a 2nd DUI for administrative license purposes.

Does an Out-of-State DUI Count?

Yes. We get this question a lot. A DUI or similar offense in a different state will count as a prior DUI in most cases. DUI goes by different names in other states, such as DWI, OUI, OVI, and other abbreviations. If it is a drunk driving charge, then it is likely a prior DUI in the state of Georgia.

2nd DUI Penalties in Georgia

The state definitely hits criminal defendants harder for a second DUI. There are enhanced criminal and administrative penalties.

Criminal Penalties

If you are convicted of a second DUI, then Georgia Code § 40-6-391(c)(2) imposes the following penalties:

Mandatory 72 hours in jail. Some defendants end up with much more time, but at least 72 hours is required.
Maximum 12 months in jail. Repeat offenders often receive the maximum amount of time, which is one year.
Fines and surcharges, up to $1,000.
Minimum 30 days of community service
12 months of probation
Required completion of a DUI Risk Reduction Program
Clinical evaluation
License suspension for three years

The penalties you face will depend on various factors, including your blood alcohol concentration. Someone with a high BAC could receive harsher penalties for engaging in riskier conduct.

Administrative Penalties

If you have a prior DUI within the past 5 years, then your license will be suspended for at least 18 months. You cannot drive at all for the first 120 days; however, you might be eligible for a limited permit if you meet certain requirements after 120 days, such as installing an ignition interlock device.

Many of our clients are very worried about maintaining their driving privileges. They cannot get to work and support themselves without their license.

Let us review your options. Being a repeat offender certainly makes it a challenge to keep you legally behind the wheel. Nonetheless, some motorists will be able to get limited driving privileges after 120 days.

Can You Fight a 2nd Offense DUI in Georgia?

Possibly. You should meet with an attorney to review the facts. A lawyer might attack the evidence in various ways:

Argue you have no prior DUI. There might be a question of whether a previous drunk driving offense counts as a DUI. If not, then you face reduced penalties as a first-time offender.
Challenge the stop as unconstitutional. Police need reasonable suspicion before they can stop a vehicle. Typically, that means they need clear reasons that you might have committed a crime before pulling you over and questioning you. If the police have no valid reason, then we can ask a judge to throw the entire case out.
Argue you were not intoxicated. You might not have submitted to a chemical test, which makes it harder for the state to get a conviction. We can argue you were not intoxicated.
Challenge the validity of any chemical test result. Some breathalyzers are not properly calibrated, or there might be questions about the chain of custody involved in a urine or blood sample.

Call a Carrollton DUI Lawyer Today

Although a 2nd DUI in Georgia presents challenges, Moffitt Law, LLC, can still fight for your rights. Contact us to schedule a consultation. We can help anyone stopped in the 30117 zip code or nearby areas.