How Serious is a Second DUI in Georgia?

As a Georgia DUI Lawyer, I get asked questions about subsequent charges of DUI in Georgia quite often. The answer is not positive - a second DUI in Georgia can be a very serious problem. 

Georgia DUI Penalties are severe with the very first conviction. When facing a second conviction, the penalties only increase in quality and quantity. Although penalties for a second DUI offer more severe penalties, second DUI charges are still traditionally treated as misdemeanor offenses.

Second DUI in Georgia

By law, a second DUI conviction warrants a required minimum penalty of three days of jail time. However, prosecutors and judges however may sentence significantly more jail time upon conviction. It varies widely by jurisdiction and county, but anywhere from 10 to 90 days in jail for a second DUI in a short amount time is unfortunately pretty common.

Other 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
• 240 hours of community service (30 full, 8 hour days)
• License suspension for at least 1 year
• 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

Moreover, if this is a second DUI conviction in 5 years, the driver's license will be suspended for a minimum period of 18 months. The first 120 days is a “hard” suspension, and thereafter the invidividual 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, the individual can apply for a limited permit without the ignition interlock device restriction. However, the convicted individual must keep the limited permit for the final 2 months of your 18-month license suspension.

Another important time frame is if this is a second DUI in 10 years, and the 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. The driver's license will be suspended for a period of one year.  However, the individual is eligible for a limited driving permit throughout the entire suspension period.

Practice Notes

You do not have to face these penalties on your own. If you or a loved one has been arrested for DUI, contact our offices today. A Georgia DUI Attorney can help you today.