The second time you’re arrested for DUI, you’ll face more serious criminal charges and penalties. A strong defense, led by experienced Atlanta DUI defense attorneys, can make or break your case. Your future is on the line, so don’t hesitate to contact DUI Jim and the legal team at Yeargan & Kert, LLC for immediate assistance.
You Have 30 Days to Save Your License After Your Second DUI Arrest
If you want to get your license back, you must file a formal request for an Administrative License Suspension (ALS) Hearing within 30 days of your arrest. At the hearing, you’ll have the opportunity to challenge the administrative suspension of your driver’s license.
If you do nothing, you’ll lose your license for up to one year. That’s before you’ve even set foot int he courtroom to defend yourself against criminal DUI charges.
Criminal Penalties for a Second DUI in Georgia
You’ll face charges for a Second DUI if you’ve been convicted on DUI charges at some point in the past decade. Unless there are aggravating factors (e.g., children were in the vehicle, you caused someone to get hurt or killed), a Second DUI is usually a misdemeanor.
Your second DUI conviction will require you to spend at least 72 hours in jail. Most times, you can receive credit for time served after your DUI arrest.
Other penalties can be issued at the discretion of the judge overseeing your criminal DUI case. The maximum punishment for a second DUI conviction can include:
- 12 months in jail
- $1,000 or more in fines
- 12 months probation
- 30 days of community service
- Substance abuse treatment and counseling
- DUI School, and
- License suspension.
The penalties will ultimately depend on the aggravating and mitigating circumstances of your case.
License Suspension After Your Second DUI in 5 Years
The criminal penalties for DUI will be more severe if this is your second conviction within a five-year period. Most notably, your driver’s license will be suspended for at least 18 months. The first 120 days is a “hard” suspension. This means that there are no exceptions to the rule. Once 120 days have passed, you may be eligible to secure a limited permit to drive.
In order to secure the limited permit and restore your driving privileges, you’ll have to prove that you’ve completed substance abuse counseling or have secured a certificate of eligibility from a drug court program.
Once you get the limited permit, you’ll only be able to drive once you install an ignition interlock device (IID)in your vehicle. Before this can happen, you’ll have to complete DUI school. The IID will cost anywhere between $50 to $150 every month. A judge can waive the requirement if you can prove that it’s unaffordable.
While you have the limited permit and IID, you’ll only be able to drive to work, school, or substance abuse meetings. The IID must remain in your car for at least eight months. After that, you can ask the court to remove the IID requirement and only enforce the limited permit. Once the IID is removed from your car, you can also drive to court, to satisfy probation or community service obligations, and seek medical care.
After 18 months have gone by since your second DUI conviction, you can file a petition to have your driving privileges fully reinstated. You can get your license back if you:
- Can prove that you had an IID in your car for at least 8 months or that a court exempted you from this requirement;
- Provide proof that you’ve completed substance abuse treatment or counseling, and
- Pay your reinstatement fee ($210 in person, $200 by mail).
Your license can realistically be suspended for up to three years if you fail to satisfy these requirements after your second DUI conviction in a five-year period.
Collateral Consequences of Your Second DUI Conviction
When you get a DUI, you’re not just vulnerable to administrative and criminal penalties. There will also be collateral consequences the second time you get a DUI in Georgia. Collateral consequences exist because you’ve been convicted of a crime. These are civil and social penalties that can affect nearly every aspect of your life.
After your second DUI conviction, you might find that:
- It’s difficult to keep your job or find employment
- Your professional license(s) are revoked or suspended
- You no longer qualify for loans, financial assistance, or aid
- Landlords are hesitant to rent or lease you an apartment
- Your car insurance premiums go through the roof
- Rental agencies refuse to let you rent a car, or
- You lose custody or visitation rights.
Getting a second DUI can affect your job, family, social life, and even your reputation in the community. You need to do everything you can to protect yourself and your future after your second DUI arrest. Call the experienced DUI defense lawyers at Yeargan & Kert for immediate assistance.
How Can I Defend Against Second DUI Charges?
Prosecutors will have to prove beyond a reasonable doubt that you’ve violated Georgia’s drunk driving laws. You can make their job more difficult by asserting a strong, persuasive defense. The best way to do this is by turning to an experienced Georgia DUI lawyer for help.
At Yeargan & Kert, our attorneys will aggressively defend you against all DUI allegations. We’ll carefully review the circumstances surrounding your second DUI arrest and determine the best possible defense arguments for your specific case.
- Challenge the validity of your initial traffic stop
- Contest the reliability of blood test or breath test results
- Challenge the legality of evidence obtained during or after your DUI traffic stop
- Argue that your Constitutional rights have been violated
- Identify problems with your field sobriety test, and
- Offer alternative explanations for your conduct or failed test results.
Our goal is to undercut the state’s case against you. We’ll attack their arguments and challenge every piece of evidence prosecutors attempt to use against you. Our aggressive approach will make it much more difficult for the state to build a legitimate DUI case against you.
You Deserve an Experienced Atlanta DUI Attorney
Don’t underestimate the consequences of a second DUI. Contact DUI Jim and the experienced DUI defense attorneys at Yeargan & Kert to discuss your case. We’ll fiercely defend you against all criminal charges and fight to secure the best possible outcome in your case. We know that your future is on the line and we’ll do everything we can to protect it. Call our Atlanta law office today to learn more.