DUI Penalties for Second Offense in Georgia

 

DUI Penalties for Second Offense in Georgia

Getting arrested for DUI is scary enough the first time around. But a second DUI arrest can be downright terrifying. Georgia takes repeat DUI offenses very seriously, and the penalties get much harsher for second-time offenders. This article will break down everything you need to know about DUI penalties for a second offense in Georgia.

Overview of Georgia DUI Laws

Let’s start with a quick refresher on Georgia’s DUI laws. In Georgia, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher if you are 21 or older. The limit is lower if you are under 21 or operating a commercial vehicle. Georgia is an “implied consent” state, which means that by driving on Georgia roads, you automatically consent to BAC testing if you are lawfully arrested for DUI. Refusing testing can result in additional penalties.

For a first DUI offense in Georgia within 10 years, the penalties include:

• Jail time: 10 days to 1 year (though the judge may suspend all but 24 hours)
• Fine: $300 to $1,000
• License suspension: 120 days to 1 year
• Community service: 40 hours
• Probation: 1 year
• Clinical evaluation and completion of a DUI program

As you’ll see, these penalties get harsher for a second DUI within 10 years.

Minimum Penalties for Second DUI Offense

Under Georgia law, a second DUI conviction within 10 years carries the following mandatory minimum penalties:

• Jail time: 72 hours
• Fine: $600
• Community service: 30 days (240 hours)
• Clinical evaluation and completion of a DUI program

So at a minimum, you are facing 3 days in jail, a $600 fine, 240 hours of community service, and enrollment in a clinical evaluation program. And that’s just the minimums – many judges will impose harsher sentences.

Maximum Penalties for Second DUI Offense

For a second DUI within 10 years, the maximum penalties can include:

• Jail time: 12 months
• Fine: $1,000
• Probation: 12 months minus any jail time served
• License suspension: 18 months with no limited permit for the first 120 days
• Ignition interlock device required for reinstatement of license

So in the worst case scenario, you could face up to a year in jail, a $1,000 fine, 18 months with no driving, and an ignition interlock device installed in your car. And that’s not even considering additional penalties that may apply.

Additional Penalties for Second DUI Within 5 Years

If your second DUI offense occurs within 5 years of your previous one, you will face some additional penalties on top of the ones mentioned above:

• License plate surrender – you must surrender the plates of any vehicles registered in your name
• $25 fee to publish notice of your conviction in the local newspaper

Having your name and conviction published in the local paper is obviously embarrassing. But surrendering your license plates can also create major hassles and transportation issues.

Ignition Interlock Device

For a second DUI conviction, Georgia requires the installation of an ignition interlock device in order to get your license reinstated. This breathalyzer device connects to your vehicle’s ignition system and prevents you from starting the car if your BAC exceeds a certain limit.

You will need to have the ignition interlock installed for at least 12 months before you can get full license reinstatement. And you’ll have to pay rental fees and maintenance costs for the device during that time, which can get expensive.

License Suspension

For a second DUI within 5 years, your license will be suspended for a minimum of 18 months. And you are not eligible for any limited permit for the first 120 days. This 120 day “hard suspension” period can severely disrupt your life and make it difficult to get to work, school, or anywhere else you need to go.

After the 120 days, you may be eligible for a limited permit if you enroll in a DUI program and get certified. But there’s no guarantee the judge will grant you a limited permit right away – it’s up to their discretion.

Clinical Evaluation and DUI Program

As mentioned above, a clinical evaluation and completion of a DUI program are mandatory for a second DUI offense. The clinical evaluation assesses you for substance abuse issues and makes treatment recommendations. It can involve multiple counseling sessions, classes, and more.

You’ll also have to complete a state-approved DUI program, which takes about 20 weeks and includes both education and counseling components. These programs aim to change your attitude and behavior related to driving under the influence.

These clinical and DUI program requirements can be time-consuming and expensive. But you must complete them in order to get your license back after a second DUI.

Probation

It’s likely you’ll be sentenced to 12 months of probation for a second DUI offense. The probation period will be reduced by any jail time you serve. Probation comes with strict conditions you must abide by, like completing the required DUI program, staying sober, submitting to random drug/alcohol testing, and more. Violating probation can land you back in jail.

Fines and Fees

In addition to the DUI fines mentioned earlier, you’ll also face various other fees and costs for a second DUI, such as:

• Probation supervision fees
• $25 newspaper publication fee if within 5 years
• Fees for clinical evaluation and DUI program
• Ignition interlock device rental and maintenance
• License reinstatement fee

When all is said and done, you can expect to spend thousands of dollars in fines, fees, and other costs to deal with a second DUI in Georgia.

Jail Time

While the mandatory minimum jail time is 72 hours for a second DUI, many judges will sentence you to serve much longer than that – often 10 days to 90 days. The maximum is 12 months in jail. You may be able to get work release privileges if you have a job.

For second DUI offenses within 5 years, prosecutors and judges tend to seek longer jail sentences closer to the maximum. Jail time is unavoidable if you are convicted of a second DUI in Georgia.

Community Service

You will be required to perform a minimum of 30 days (240 hours) of community service for a second DUI offense. This is unpaid work performed for nonprofit organizations, government agencies, etc. You’ll need to arrange your schedule around completing the required hours.

Driver’s License Reinstatement

To get your license fully reinstated after a second DUI suspension, you must:

• Complete clinical evaluation and any required treatment
• Complete DUI program and pay fee
• Serve any jail time and probation
• Pay all fines and fees
• Complete community service
• Install ignition interlock device and maintain for 12 months
• Pay reinstatement fee

This process takes at least 18 months and often longer. You won’t be able to legally drive again until all requirements are met.

Car Insurance

A second DUI conviction will also cause your car insurance rates to skyrocket. Some insurers may even drop you. You’ll be considered a high-risk driver and pay much higher premiums for mandatory minimum DUI insurance coverage.

Employment Issues

Many employers will terminate workers who get a second DUI, especially if driving is part of your job duties. Even if you don’t lose your job, you may miss work time while serving jail, attending programs, or completing community service.

Future DUIs

If you get a third DUI in Georgia within 10 years, you will be declared a habitual violator and potentially charged with a felony. A fourth DUI within 10 years is automatically a felony with enhanced penalties, including up to 5 years in prison.

So a second DUI puts you well on your way down a dangerous path of escalating DUI offenses if you don’t address any underlying issues with alcohol or substance abuse.

Getting Legal Help

The penalties for a second DUI in Georgia are extremely severe. That’s why it’s critical to have an experienced DUI defense attorney represent you if you are facing a second charge. An attorney can look for ways to get the charges reduced or dismissed, or at least minimize the penalties. Don’t wait to get legal help – the sooner an attorney can get involved in your case, the better.