What Happens After a Second DUI Charge in Georgia?
A second DUI charge in Georgia is a serious wake-up call. Most likely, you are scared, confused, and worried about the next steps in case you find yourself in this situation. Will you go to jail? Are you going to lose your license permanently? Will you ever be able to get back to normal in your life?
These are all valid concerns. The second offense of DUI is much more severely handled than the first. It is perceived as a dangerous pattern of behavior by the courts, and the punishments represent the same. However, this is the big point: you are not disenfranchised. You still have options. And you do not have to confront it on your own.
At Downie Law, LLC, we've helped many Georgians navigate the complex process of a Second DUI Charge in Georgia. Here's what you need to know.
Penalties for criminals become much tougher.
The first thing to be aware of is that the punishment for a second DUI is much more severe than the first one. The law of Georgia has mandatory minimum sentencing that cannot be waived by the judge.
In Georgia, the second DUI conviction entails:
Compulsory jail time: Jail time is required (at least) of 72 hours, though frequently it is a lot more. Second offenses are given 30 to 90 days by several judges.
Penalties: $600 to $1,000, including court costs and other fees, which may increase by hundreds.
Community service: Community service of not less than 30 days (240 hours).
Probation: Any probation can be up to 12 months, but it usually has rigorous conditions.
DUI School: You need to have a DUI Risk Reduction Program (DUI School).
Clinical examination: A substance abuse assessment and treatment are recommended.
Ignition interlock device: You will probably need to install one in your car at your own cost.
These are just the minimums. The judge may come up with a lot more severe punishment, depending on your circumstances.
Will I most certainly be sent to jail because of a second DUI?
The statute demands a minimum of 72 hours in jail. Other counties permit this to be administered on weekends or on work release, but you cannot escape jail altogether. An experienced lawyer can possibly bargain the terms, yet a little imprisonment is required.
Suspension of a license is more lengthy and difficult.
Any DUI puts your driver's license at stake. In a second-degree offense, the punishment is harsh.
For a second DUI in Georgia:
The administrative suspension will be 18 months of suspension of your license.
After 120 days, you might be considered to be in a position of having a limited driving permit, though with an ignition interlock device installed.
Without taking the chemical test, the suspension would be 18 months, and no permit during the first 120 days.
This is because you will be under a partial driving permit. To most individuals, this endangers their employment, their family care-taking, and their lives.
The "Look Back" Period Matters
Georgia has a 10-year look-back on DUI offenses. This implies that in case of your first DUI, which was committed in the past 10 years, your present offense will be treated as a second offense.
When your first DUI has a date exceeding 10 years, then this charge can be considered a first offense to be sentenced. Nonetheless, there are still countries that regard it as a second in spirit. Your lawyer will have to prove your history and plead for the right treatment.
Things are worsened by Aggravating Factors.
Some elements may make a bad situation a nightmare. In case all these hold, you may expect even more severe punishments:
High BAC (0.15% or higher)
Child in the vehicle
Accident causing injury
Reckless driving
Refusing the chemical test
There is not much sympathy for prosecutors in second-time offenders, particularly where aggravating elements are present. They will demand maximum punishments.
Your Life Outside the Courtroom.
In addition to the punishment prescribed by the law, a second DUI has far-reaching implications on your life.
Your occupation: Your occupation is always at stake, in case you travel by car to work. Most employers lay off workers who have DUI convictions.
Your insurance: You will pay through the nose. You can be dumped and made to get high-risk insurance, which is thousands extra per year.
Your history: A second DUI is here to stay on your criminal record. It appears on employment, housing, and professional license background checks.
Your family: The burden, the cost, the inconvenience, is on everybody who loves you.
Can I ever clear my record?
In Georgia, it is not possible to expunge or seal DUI convictions. They will remain on your record forever. This is one of the reasons why the fight against the charge is so imperative.
Potential Defenses Have Not been eliminated.
You can defend even with a second charge. The prosecution has to continue proving their case beyond a reasonable doubt.
Common defenses include:
The traffic stop was unlawful (no probable cause).
The use of field sobriety tests was also inappropriate.
The breathalyzer had not been calibrated and serviced.
The officer was not adequately certified.
During the arrest, your rights were infringed.
During a comprehensive investigation, the case of the state is seen to have weak sides. At times, evidence may be suppressed, resulting in minimized charges or even dismissal.
The value of Seasoned Legal Assistance.
This is the fact: the second DUI is not a matter of individual treatment. The stakes are too high. The penalties are too severe. The system is too complex.
An experienced DUI attorney:
Check all the facts of your arrest.
Challenges faulty evidence
Bargains with lawyers with a sense of professionalism.
Tries other options such as lessening fees or in-house programs.
Secures your rights at all levels.
A good attorney can be what separates a term in jail and alternative punishment, an irreversible loss of a driver's license, and a conditional one.
Facing a Second DUI Charge in Georgia is overwhelming, but you don't have to face it alone. We realize the stakes involved at Downie Law, LLC. We have assisted a large number of clients through the hard process and struggle to achieve the best results. Get in touch with Downie Law, LLC at the moment. Let us discuss your case and begin to defend you.