After your first DUI in Georgia, the second is especially important to understand because the courts, the DMV, and the prosecutors view you as a repeat offender.
If you want to know the possible penalties for a second DUI in Georgia, you probably want straight answers. This article explains how Georgia counts prior DUIs, penalties you could face, and ways you can protect yourself.
How Georgia Counts a Second DUI
Georgia has a 10-year look-back window. Any DUI in the last 10 years is considered a prior offense. The window is based on the date of the arrest. The timing is critical.
Using the example from above, if you were arrested for DUI in 2019 and 2026, the 2026 arrest would be considered your second DUI. If your 2019 DUI was more than 10 years prior, it would be considered your first DUI and have less of an effect on your penalties for the second DUI. The first DUI would still be on your record; however, the look-back window for prior DUIs would end after 10 years.
What Is the Penalty for a Second DUI in Georgia?
A second DUI in Georgia is still a misdemeanor; however, the fines and other consequences are increased substantially. The penalties for a second DUI in Georgia range from:
- Fines: between $600 and $1,000 (plus court costs).
- Jail: A minimum of 90 days, up to a year, with a minimum of 72 actual hours.
- Community Service: Mandatory, and more than for the first offense.
- Classes and Treatment: A clinical evaluation and a mandatory DUI school.
- Probation: Suspended jail time means probation is also suspended.
Surprise and disbelief are often the reactions I get when I tell people they'll have to do at least some time.
Georgia DUI Second Offense Penalty: License Suspension and Interlock
Georgia takes DUIs seriously. There are two sets of consequences for a second DUI. There’s the court case and the administrative consequences, and they both happen separately. Courts often take longer to determine and impose the consequences for your DUI, but the consequences from the DDS (Department of Driver Services) can be harsher and take longer to get back.
Several sources vary on the length of your suspension, depending on how close the two DUIs are. Generally, you’re looking at 3 years. Within 5 years, the suspension can go down to 18 months, with the first 120 days having no driving privileges whatsoever.
Beyond that, you can expect an ignition interlock device, where you’ll have to pay for and install a breathalyzer device on your car to keep it from starting. It’s also portable and can come with you to work and school.
What Are the Charges for a Second DUI?
A second DUI in Georgia occurs when an individual is charged with a DUI within 5 years of their first charge. The state has the right to charge an individual for:
- DUI less safe: the person was driving while under the influence, but there is no evidence to determine what their blood alcohol concentration (BAC) was.
- DUI per se: the person was operating a vehicle with a BAC of .08 or higher.
- Drug-related DUI: the person was driving under the influence of a controlled substance, including prescription medication, marijuana, etc.
Prosecutors generally file multiple charges to give the defense less room to maneuver. Traffic stops and the administration of field sobriety tests and chemical tests are all able to be challenged.
What Occurs Following a 2nd DUI in Georgia?
Here is the legal reality. After the arrest, you have two separate proceedings occurring simultaneously and independently of each other, and both are moving towards an eventual conclusion. There is the court case and the case involving your driver’s license. And you can lose your driving privileges before you have your day in court. All you have to do is miss the deadline to respond to the notice of the suspension of your license.
Some of the consequences of a second DUI in Georgia may include:
- An increase in insurance rates or your insurance company cancels your policy.
- Trouble finding or keeping a job that requires you to drive or a job that requires a clean background check.
- Problems with your profession and/or your professional license.
- A public conviction that will show up on a background check.
- A conviction that puts you closer to facing felony charges. A fourth DUI in Georgia within a 10-year time period is a felony that can result in up to 5 years in prison.
Steps to Take After a Second DUI Arrest
You need to act quickly and protect your driver’s license. You need to find out as soon as possible if there is a deadline that applies to the administrative license suspension and lose out on representing yourself at the hearing if you miss that deadline.
You need to stay silent about the case and do not speak to anyone other than your attorney.
Write down all the details you remember, including your whereabouts, what the officer said to you, what tests (if any) you took, and anything that seems suspicious.
Consult a Georgia DUI attorney as soon as possible. Challenging the stop and the testing, along with analysis of the evidence, may result in a better outcome. Attorneys know the rules and precedents that can lead to an exclusion of evidence, and possibly a dismissal of your case.
Frequently Asked Questions
Is a second DUI a felony in Georgia?
No, Georgia does not charge a second DUI as a felony. A felony charge occurs from the fourth offense within a ten-year period, or when a person is injured.
Will I go to jail for a second DUI in Georgia?
A second DUI conviction carries a mandatory period of actual jail time, and the length can depend on the Court and the case.
Can a second DUI be removed from my record?
Yes, possibly. If your second DUI happened many years ago, we may be able to have the second DUI charge removed from your record.
Not usually. Georgia law doesn't have a formal mechanism to expunge a DUI. That's why it's imperative to fight a DUI charge as early as possible.
Can I Still Drive after a Second DUI Arrest?
Probably, though there are suspension and restrictions to consider. Whether or not you qualify for a restricted license is case-specific, so you should probably speak with an attorney.
Don't Face a Second DUI Charge Alone
While a second DUI in Georgia is a serious charge, it is not the end of the world. The decisions you make in the first week after your arrest will determine your future and could affect your job and your liberty.
At Downie Law, LLC, we have experience handling repeat DUI cases in Georgia courts, and we can explain your case to you step by step. Give us a call to schedule a consultation, and in the meantime, you can fill out our contact form.