Have you been arrested twice in Atlanta Georgia on a DUI Charge?
A Second DUI in Atlanta Georgia can be a very serious problem. You may be facing serious jail-time, drivers license suspension without a limited permit to drive. You may be forced into a Atlanta Georgia DUI Court program, which is a forced treatment program supervised by the court. Act quickly to protect your rights and your very freedom. Atlanta DUI Lawyer Bryan Howard and Christina Champagne are aggressive litigators who know how to defend people charged with DUI in Georgia. As a Georgia DUI Attorney they have handled numerous Atlanta DUI cases.
You only have 10 days from the date of your arrest to have your Georgia DUI Lawyer file your 10 day letter. The 10 day letter is a request for a Georgia ALS Hearing. At this hearing your attorney will present arguments used to protect your right to drive. If this hearing request is not made, your license may be suspended for up to one year. You must act now. If you fail to file this appeal, you will lose your right to challenge the suspension of your drivers license.
Second DUI charges in Georgia offer more severe penalties but are still traditionally treated as misdemeanor offenses. Georgia law demands that a second DUI conviction warrants a required minimum penalty of three days of jail time. Prosecuting attorneys and judges however may give you significantly more jail time upon conviction. It varies widely by jurisdiction, but 10-90 days for a second DUI in a short amount time is not uncommon.
In Georgia, you also will face a driver’s license suspension of up to 18 months, most often your sentence will start without a limited permit being made available. In addition, you will likely be subject to the requirement of an ignition interlock device being installed in your car prior to your license being reinstated. The minimum required hours of community service are 240 hours, and DUI School as well as clinical alcohol and drug evaluations and treatment recommendations are also required.
You may also face the required surrender of the license plates of vehicles you own, and may face public scrutiny with your photograph published in local papers. To top it off, fines and fees will also be assessed during the process. For at least the first 4 months and up to the first 12 months there can be no permit to drive whatsoever.
Common penalties for a second DUI in Georgia can include:
12 – 36 months of probation (depending on whether there are other associated offenses)
Fines of $600 – $1000
90 days to 12 months in jail ( a minimum of 3 days must be served; however few people only get 3 days)
240 hours of community service (30 full, 8 hour days)
License suspension for at least 1 year – As of January 1, 2013 there is the possibility of a limited permit after 120 days if you are in an approved treatment program. This is subject to the approval of the judge in your case. This is not an automatic right to a permit and is subject to judicial discretion. The changes in the law will be covered in detail below. See Below.
- Ignition Interlock
- Surrender of License Plate
- 17 weeks of Alcohol and drug counseling
- Mandatory Treatment
- DUI Court Programs – Court Supervised Intensive Alcohol and Drug Treatment
- Publication of Photo in the local newspaper at your own expense
Changes in the DUI Law for Second Offenses as of January 1, 2013
As of January 1, 2013 the Second Offense DUI law has been changed. The changes are a benefit to our clients, with a caveat. The caveat is that the change allowing limited permits earlier is 100% subject to the decision of the judge in your case. Unlike other permits that our clients can get, the can decide it without the possibility of appeal.
The summary of the new Law in regards to a Second DUI in Georgia is as follows:
The maximum penalty for a second DUI conviction in Georgia within a 10 year period is 12 months incarceration and a $1,000.00 fine plus court surcharges. The minimum penalty is 72 hours in jail, with credit for time served after arrest, and a $600.00 fine. Other mandatory requirements are 30 days (240 hours) community service, DUI school, 12 months probation less any time served in jail, and a clinical evaluation and any recommended substance abuse treatment.
If this is your 2nd DUI conviction within 5 years, you are also required to pay a $25.00 fee to publish a notice of your conviction and your photograph in your county newspaper and surrender the license plates to any vehicle registered in your name.
If this is your 2nd DUI conviction in 5 years, your license will be suspended for a minimum period of 18 months. The first 120 days is a “hard” suspension, and thereafter you can apply for a restricted permit that will allow you to drive for limited purposes conditioned upon the installation of an ignition interlock device for a minimum period of 12 months. After the period expires requiring an ignition interlock device, you can apply for a limited permit without the ignition interlock device restriction. You must keep the limited permit for the final 2 months of your 18-month license suspension.
If this is your 2nd DUI in 10 years, and your prior DUI conviction was more than 5 years ago, the Department of Driver Services will consider the conviction as a first offense for license suspension purposes. Your driver’s license or privileges will be suspended for a period of one year. If a DUI Risk Reduction course has been completed, you will be eligible for full reinstatement of your driver’s license after 120 days. You are eligible for a limited driving permit throughout the entire suspension period.
Important changes have been made to Georgia DUI law as of January 1, 2013. The most significant change to Georgia’s DUI law is the “hard” license suspension period for a 2nd DUI conviction within 5 years. Previously, you were not eligible for a limited-use driving permit for the first 12 months of the license suspension period. Now, under the new law, you become eligible for a limited driving permit after 120 days if you meet certain conditions. This applies to drivers of all ages, which is significant because previously drivers under the age of 21 were not eligible to apply for any type of limited permit if convicted of DUI.
In order to apply for a limited permit you will have to present a certificate of eligibility from a drug court program or proof of enrollment in substance abuse treatment. A clinical evaluation must be completed prior to enrolling in a treatment program. The certificate of eligibility from a drug court program is only issued at the discretion of the judge during sentencing. The judge can decide to not issue the certificate for any reason.
After you are issued a limited permit, you will be required to install and maintain an ignition interlock device in your vehicle for eight months. Thereafter, the limited permit will be renewable for six-month periods without the ignition interlock device restriction. The judge has discretion to exempt you from the ignition interlock device requirement if he determines that it would cause undue financial hardship. The cost of installation and maintenance of the device can range from $50 to $150 per month.
An ignition interlock device permit will not be issued until you submit the following documents to the Department of Driver Services:
•Certificate of completion of Risk Reduction Course (DUI school)
•Clinical evaluation completion and proof of enrollment in a substance abuse treatment program or proof of enrollment in drug court program
•Proof of installation of ignition interlock device Certificate of eligibility for limited permit
The ignition interlock device limited driving permit will allow you to drive only to work, school, regularly scheduled meetings for alcohol or substance abuse, monthly monitoring visits with the permit holder’s ignition interlock device service provider.
Once the ignition interlock device condition is removed, the limited driving permit will allow you to drive to work, school, and regularly scheduled meetings for alcohol or substance abuse, but also for the purposes of attending court, probation appointments, community service, receiving medical care or treatments or obtaining prescription drugs. It will also allow you to take immediate family members to work, school, and to medical care and pharmacies if that family member does not hold a valid driver’s license.
After an 18-month total suspension period, you will be eligible for early reinstatement of your full driving privileges. The maximum license suspension period is 3 years if you are not eligible for reinstatement. Reinstatement requirements are as follows:
•Proof that an ignition interlock device was maintained for period of 8 months
•Or an order from a court exempting you from this requirement Proof of completion of a substance abuse treatment program (if required by the clinical evaluation)
•$210.00 reinstatement fee ($200.00 if submitted by mail)
The main effect the change in the law will have on 2nd DUI convictions treated as a first offense for license suspension purposes is the expansion of the permissible uses of the limited driving permit during the 120-day suspension period. If you are 21 or older, you will be eligible for a limited use driving permit during this period that will allow you to drive to work, school, substance abuse counseling, DUI school, and to seek medical care and treatment, and to pick up prescription medications.
As of January 1, 2013, the limited permit will also allow you to drive to court, probation appointments, and community service. If an immediate family member is unlicensed, you can drive them to work, school, medical care, and to pharmacies to drop off and pick up prescriptions.
We can help – Call Now!
If this is your second DUI in Georgia, Contact a Georgia DUI Lawyer today. We are available 24/7, including holidays and weekends. There are many defenses to a second DUI in Georgia. There are also alternative sentences. Your case will not defend itself. Your Best Georgia DUI Defense begins here!