Atlanta DUI Lawyer
A prior DUI conviction does not mean you are guilty of a second or subsequent DUI. Thanks to Jones v. State, A131A1940I (2014), prior DUI convictions are much harder to introduce into evidence at trial as similar transactions. However, if you are convicted of a second or subsequent DUI, then you face harsher penalties and fines.
Law Office of Shania King, LLC will provide you with solid guidance throughout the entire process so that you can make the best decision for you. Call today at (678) 793-7975 so that we can discuss your case and begin preparing your defense.
Second Georgia DUI
In order to be convicted of DUI, it must be shown that you were driving or in actual physical control of a moving vehicle. The legal limit in Georgia for drivers over 21 is a BAC of 0.08%.
There are different ways of committing DUI. You can be convicted of driving under the influence of alcohol (per se), driving under the influence of alcohol (less safe), driving under the influence of inhalants, driving under the influence of drugs, and driving under the influence of combined substances.
In Georgia, the look back period for repeat DUI offenses is ten years. Prior to 2008, the look back period was five years. So if the subsequent DUI offense occurs outside the ten year look back period, it will be treated as the first DUI offense. Each conviction within a 10 year period leads to higher and higher penalties.
Please note that that 10 year look back period is for the criminal DUI action only. The look back period for the administrative action (civil action—driver’s license suspension) is still only five years. Therefore, the administrative license suspension penalty is based on the number of DUI arrests within five years.
Second DUI Penalties
The fines and penalties apply to a second DUI within 5 years prior to July 1, 2008 or within a 10 year window when one or more of the DUIs occur on or after July 1, 2008:
- $600-$1,000 fine plus any statutory charges
- 12 months active probation
- 90 days to 12 months in jail (the judge may suspend all but 72 hours)
- 12 months "hard suspension" (total loss of driving privileges for the first 12 months)
- 18 months mandatory suspension before eligible for probationary license. If it is a second conviction within five years, you can expect a three-year license suspension. Eligible for reinstatement at the end of the 18 month period.
- License reinstatement fee. Reinstatement is possible after 18 months if you have completed DUI school, the clinical evaluation, and the treatment program. As a condition of your license reinstatement, you must have an interlock ignition device installed in your vehicle for six months.
- DUI Alcohol or Drug Risk Reduction program and all associated costs
- Minimum of 240 hours of community service
- Photograph in the newspaper with a $25 notice fee
- Possible imprisonment for up to 1 year
- Possible limited driving permit. You may apply for a limited permit, which is valid in Georgia only, and seek reinstatement of your driver's license after 120 days if you have successfully completed DUI school and paid the $210 reinstatement.
- Surrender license plates