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A second DUI is serious in Georgia. Many times, the hefty consequences of a guilty verdict can follow you for the rest of your life. Much like you would seek immediate help after a severe accident, you should swiftly grab the support of an experienced DUI attorney to aggressively work with you and for you on your case.
A second DUI has mandatory consequences for every person found guilty of the crime. It’s beneficial to your attorneys for you to understand the consequences and penalties you could face in court for a second DUI, whether it was twice within 5 years or twice within 10. Timing is everything.
Consequences and Penalties for a Second DUI
There is a difference between getting a second DUI within 5 years and a second one within 10 years. The courts are much tougher on someone on their second DUI in 5 years, and the penalties go beyond what seems necessary. So, a person with their second DUI in 5 years can expect to fight against harsher penalties.
Mandatory Minimums
Georgia has mandatory minimum consequences for a second DUI. You should have 30 days to complete 240 community service hours outlined in the plea or judgment. You can expect to spend at least 72 hours in jail, along with probation for a year. The mandatory minimum fine for a second DUI in Georgia is $600 but can reach up to $1,000.
Your driver’s license can also be fully suspended for up to 120 days before you can start the process of getting your license back. Your ability to drive during this process will be restricted for at least 12 months.
Rehabilitation
Alcohol and drug evaluations may be required before acquiring treatment at a state-approved rehabilitation center, the completion of which is a requirement for joining the ignition interlock program. However, this option isn’t always available for someone who has their second DUI in 5 years, as opposed to a second DUI in 10 years.
Ignition Interlock Device
An ignition interlock device, or IID, can be installed in your vehicle for 8-12 months. This device is a breathalyzer that will prevent your car from starting if you have been drinking within a specific time period. Successful completion of the IID program is necessary to move forward in an effort to get back some of your driving privileges.
Note: Under certain circumstances, the high monthly cost of IID could be waived if proven necessary.
Social Disruptions
Your picture can be published in the local media with a direct mention of your charges, and you will have to pay for it. This means that your acquaintances, the people you work with, and others in your community who are quick to judge may consider you irresponsible.
You would need to apply for a hardship license plate for your loved ones to continue living their lives. You may also have to surrender the tags of every car with your name on the title, including those driven by your partner or children. This limits their ability to fulfill their responsibilities as well as helping you to meet yours during this time.
Defense for a Second DUI
A great defense attorney will investigate the accusations and evidence on their own to protect you, not shame you. There are so many details in an investigation, and one mistake in these details can get your case thrown out.
Unnecessary and severe consequences can be eliminated or decreased with the right attorney. We can often compromise on a deal that everyone can agree on. Sometimes we will go to court to protect your rights and prove your innocence. A great defense attorney is ready to move in either direction, depending on what you need in your case.
Contact Moffitt Law, LLC for Effective Second DUI Counsel
Contact us at Moffitt Law, LLC in Columbus or Carrollton, GA, to gain access to detail-oriented, knowledgeable, and creative attorneys experienced in dissecting a prosecutor’s plan of attack. Get a free consultation and discuss your future goals with us today.
Common FAQs About Second DUIs
What is a red stripe on a Georgia driver’s license for?
If you are convicted of a second DUI, your new I.D. will have a very noticeable red stripe across the top that tells anyone who sees it that you have a DUI record. The red stripe will be on your license for up to 7 years after the incident unless there are any further convictions.
What can I do if my health doesn’t allow for an IID?
Someone suffering from COPD, lung cancer, severe asthma, and any other disease that disrupts breathing could affect a person’s use of the breathalyzer in the IID.
Occasionally, the mandatory program can be waived if the prosecution and the judge deem it appropriate. A local attorney with a great working relationship with the other side offers the best outcome to this problem.
When is a second DUI considered a felony in Georgia?
A second DUI is usually considered a misdemeanor, but it can be upgraded if anyone suffered an injury or any property was damaged in the commission of the crime. All the consequences previously mentioned would change along with the potential addition of further charges if an injury were to occur.
