DUI - Second Offense
Driving Under the Influence (DUI/DWI) Second Offense - 2nd and Subsequent Offenses
When you are charged with a DUI second offense or third offense, the same elements exist, but the possible punishments are more extreme. For your second offense you will serve a mandatory 72 hours in jail. Call us for a consultation on the charges you are facing and we would be happy to help you out.
In order to be found guilty of Driving Under the Influence in Georgia you must have been
1. In control or driving a vehicle while:
2. Under the influence of alcohol or drugs to the extent that it is “less than safe” for you to drive
OR
3. Your blood alcohol level is at .08 or higher; OR
4. You have any illegal drugs in your system.
**On your second or subsequent DUI conviction there is NO work permit available for your suspended license.
Georgia Second Offense DUI Penalties
If this is your second DUI in the past five years you will still be charged with a misdemeanor and face the potential sentences:
- A fine of $600-$1000.
- Jail time of 90 days- 1 year. You will serve at least 72 hours in jail.
- A minimum of 30 days of community service.
- Completion of an alcohol or drug abuse class, also called Risk Reduction Program.
- Probation period of 12 months, including time served.
- Three years driver’s license suspension.
- A drug and alcohol evaluation to determine if a treatment program is necessary.
- Your photo will be published in the local newspaper as a DUI offender and you will be charged a fee of $25.
In addition, when your driver’s license suspension has ended (after 3 years), you will be required to install an ignition interlock device in any car or vehicle you drive.
If the clinical evaluation shows that you are in need of drug or alcohol treatment, that will also be a part of your sentence.
Also, remember you will be responsible for the cost of the Risk Reduction Program. Total cost of this program is $280.
Georgia Third Offense Penalties and Subsequent Offenses
If you are being charged with your third (3rd) or subsequent DUI in the past 5 years, you will be charged with a “high and aggravated” misdemeanor and face the potential sentences:
- A fine of $1,000 to $5,000.
- Jail time of 120 days to one year. You will serve at least 15 days in jail.
- A minimum of 30 days of community service.
- Completion of an alcohol or drug abuse class, also called Risk Reduction Program.
- Clinical evaluation and completion of substance abuse treatment.
- Probation period of 12 months, minus time served.
- Five years driver’s license suspension.
- Your photo will be published in the local newspaper as a DUI offender and you will be charged a fee of $25.
If this is your 4th or greater offense, the State of Georgia can take your vehicle!
Can I plea “nolo contendere” (no contest) ?
For a 2nd, 3rd, or subsequent offense DUI charge, there is no distinction between a no contest plea and a guilty plea. Georgia laws on nolo contendere pleas in DUI cases are different than they used to be, and can be confusing. A few things are important to note:
1. Pleading nolo contendere will not “save” your license (this used to be the case prior to 1997).
2. By entering a nolo contendere plea, you will not help your case. Your plea will be treated as a guilty plea (as far as consequences) and you will face the same sentencing.
What if I refuse the breath test?
In Georgia there is a legal presumption that every person has already consented to a breath test, meaning the officer does not have to ask your permission. However, because the officer cannot make you take a breath test, it is your option to refuse it.
*If you refuse your breath test and are later found guilty of DUI, your refusal can add an additional 1 year to the suspension of your license.