DUI Second Offense in Georgia

Under Georgia law, any DUI arrest that occurs less than 10 years since a previous conviction is considered a DUI Second Offense. This 10-year span, known as the “Lookback Period” starts from the date of the prior DUI arrest, not the date of the prior conviction. This previous DUI does not need to have happened within the state of Georgia, either, as the state recognizes offenses from other states and counts them if they occurred during the lookback period.

If, however, more than 10 years have elapsed since the previous DUI arrest, the latest will be treated as a first offense, with fines ranging from $300-$1,000, a minimum jail sentence of 24 hours, 40 hours of mandatory community service and license suspension of up to a year. Otherwise, it will be treated as a second offense, with stricter penalties including fines from $600-$1,000, a minimum jail sentence of 72 hours, 240 hours of mandatory community service and a license suspension of three years. Additional penalties for a second offense can include installation of an Ignition Interlock Device (IID), mandatory clinical evaluation and potential treatment.

This lookback period ensures that repeat offenders are held to greater consequences, but it also provides legal counsel with the opportunity to push for reduced sentencing if the prior offense falls outside that span of 10 years.

Understanding the Consequences of Second Offense DUI

A second conviction for DUI is generally considered a misdemeanor by the state of Georgia, however certain factors can elevate it to a felony including the presence of children in the vehicle, or if the DUI resulted in an accident which injured or killed another person. But even those simply facing misdemeanor charges would be advised to challenge the allegations against them, as there are fewer opportunities to plea bargain with a second offense.

Any defense against a second offense DUI will require that counsel either demonstrate their client’s innocence or show that the DUI was the result of a struggle with underlying drug or alcohol issues. There are a variety of ways to go about this, requiring a thorough understanding of Georgia’s DUI laws, skill and determination. But with the right attorney, it is possible to have charges of second offense DUI dismissed, acquitted or reduced to a lesser charge such as reckless driving.

While Georgia law requires that those accused serve a minimum of 72 hours (three days) in jail, the judge may add more jail time upon conviction, although they may choose to suspend some of that. This typically adds up to 10-90 days total, but can stretch up to a year depending on the circumstances and the judge’s determination. In addition to jail time, those convicted of second offense DUI can expect to face the following consequences:

• Fines from $600-$1,000
• Up to a year or more of probation
• 240 hours (or 30 days) of mandator community service
• Year-long suspension of driving privileges
• Installation of an IID in their vehicle
• Mandatory compliance with drug or alcohol treatment programs
• Surrender of license plate
• Red stripe on license indicating prior conviction
• Public notoriety from publication of mug shot

In addition to all of that, the greatest consequence for a second DUI will be the permanent mark on the criminal record of those convicted. That’s because all of the above consequences are more or less temporary. Once time is served and fines are paid, that part is over. But the presence of that DUI on a criminal record can impact the rest of a person’s life, making it difficult to secure employment, professional licensure or certification, housing, an education or financial assistance. On top of that, the social stigma from being a repeat offender can be long-lasting.

Charged with Second Offense DUI: What Are the First Steps?

From the date of the arrest, you have 30 days to request a hearing with Georgia’s Department of Driver Services (DPS) to contest the suspension of your driver’s license. This initial administrative hearing, separate from the criminal case against you, focuses entirely on whether or not your driver’s license will be suspended for the required 18-month period described by law. Contesting that suspension requires showing that the officer didn’t have reasonable grounds to make the initial stop, place you under arrest and test your blood or breath.

Not only can this hearing help retain your driving privileges, allowing you to travel while awaiting criminal trial, it gives your attorneys tremendous insight into the case against you and an early chance to challenge the prosecution’s evidence, potentially helping avoid further penalties beyond license suspension.

Failure to challenge the suspension of your license can lead to an 18-month suspension of your license. After the first 120 days, a time period referred to as the “hard suspension,” it is possible to qualify for a limited driving permit. This process requires a clinical evaluation showing that you are enrolled in a court drug or substance abuse treatment program, and is ultimately at the judge’s discretion. If the limited permit is granted, you will be required to install an IID in your car for eight months, process that costs between $50 and $150 a month (although financial assistance is available).

If you qualify for limited driving privileges, you will be allowed to drive for essential reasons like work, court appearances, community service and treatment programs, school, medical assistance or transporting immediate family. Early reinstatement of driving privileges can be possible after the 18-month suspension if all requirements have been met including completion of a treatment program, payment of the $210 reinstatement fee ($200 by mail). If these requirements have not been met, the suspension can be extended up to three years.

Extenuating Circumstances

There are several circumstances that can lead to greater consequences beyond the ones listed above. Because of the state’s implied consent laws, refusing a breath or blood test can result in much greater consequences. These laws, essentially stating that anyone operating a vehicle in Georgia automatically consents to tests of their blood, breath or urine, mandate a three-year suspension for refusal to be tested. This is a much longer span of time than the suspension for those who simply consent to the test and fail, creating a hard suspension leaving them ineligible for limited driving privileges.

Another factor that can result in stronger consequences is having an elevated blood alcohol concentration (BAC). A BAC of .08% or above is enough to trigger DUI charges, but a BAC above .15% can often elevate those charges to result in increased sentencing and penalties. This doesn’t necessarily lead to charges of aggravated DUI, but it is possible. This makes challenging the accuracy of testing and procedures crucial in defending against charges of DUI second offense.

Defenses for Second Offense DUI in Georgia

There are several strategies that a skilled attorney can deploy in having charges dismissed, reduced or acquitted altogether. A few that have proven successful include:

Suppressing Previous Convictions: It is possible to keep a prior offense from being presented as evidence, depending on the circumstances of the first offense, but this is not usually successful.

Challenging the Evidence Against You: The gold standard of this strategy is to demonstrate that the initial traffic stop was undertaking without reasonable suspicion, invalidating the entire stop and leading to a dismissal. Beyond that, it is possible to question the results of field sobriety tests or testing that was done on blood or breath, citing operational errors or equipment issues. It is also possible to challenge the judgement of the arrest officer, showing inconsistencies in their story or issues with their training.

Casting Doubt on Test Results: Even in cases where the field sobriety tests was executed under ideal conditions and the equipment used to test blood and breath are in full working order, there are issues that could harm the credibility of the evidence. Problems with procedure – incorrectly handled evidence or lack of required implied consent warnings – can lead to evidence being excluded. Showing that medical conditions skewed the testing, or that BAC only rose following the stop, can also create doubt in the veracity of the evidence against you.

Negotiation for a Reduction in Charges: Even if the evidence is substantial, it’s possible to argue for clemency based on factors like willing participation in treatment programs, cooperation with the court or lack of aggravating circumstances like injuries.

How We Can Help

At Zeliff | Watson, we are committed to the proposition that every second offense DUI charge can be successfully contested. We hold fast to that commitment through an exhaustively thorough approach built on deep expertise, extensive preparation and strategies that take full advantage of the circumstances of your case.

We start by scouring every piece of evidence for issues that can be exploited, turning over every rock until we have a more thorough understanding of your case than the prosecution could hope to match. We bring these insights to the bargaining table before trial, aggressively negotiating for a reduction or dismissal in charges. If we can’t demonstrate the flaws in the case against you during negotiations, we will do it in the courtroom, meticulously taking apart the prosecution’s argument on the strength of our extensive knowledge of your case.

Put us to work for you by scheduling a free no-obligation review of your case. The sooner you reach out, the more time you give us to craft a compelling defense that will give you back control of your life. Don’t wait, call us now and put our experience and dedication to work for you.