Second Offense DUI in Georgia

Felony or Misdemeanor?

A second offense DUI will be tried as a misdemeanor offense under Georgia laws. In Georgia, a misdemeanor offense is punishable with imprisonment up to one year. Under Georgia law, a fourth DUI offense will be tried as a felony offense. Felony offenses are punishable with imprisonment exceeding one year. A second offense DUI can be tried as a felony offense if it has caused severe bodily injury or death or property damage.

Administrative Penalties

In Georgia if a person arrested for a second offense DUI within 5 years of the first DUI conviction, it will trigger a three year license suspension without any limited driving permit. This suspension is an administrative penalty and the outcome of the DUI case does not have any bearing on this suspension. The person can request an administrative hearing against the license suspension within 10 days of the arrest. The person can attend a DUI program and get his or her license reinstated after 120 days by paying a reinstatement fee.

Look Back Period

In Georgia the look back period for repeat DUI offenses is 10 years. So if the subsequent DUI offense occurs outside the 10 year look back period, it will be treated as the first DUI offense. Until June 30, 2008 the look back period was 5 years. Form July the look back period was extended to 10 years.

Criminal Penalties

Georgia has severe penalties for a second DUI conviction within the 10 year look back period. First of all the photograph of the person along with a notice of conviction will be published in a local newspaper and the person will have to pay $25 as the publication charges. The person can be fined $600 to $1,000. A second DUI conviction within the 10 year look back period has a mandatory imprisonment requirement. The person must serve at least 72 hours in prison. The prison term can range from 90 days to one year. The person can be ordered to do community service. Ignition interlock devices are mandatory for all second DUI offenders.

Plea Options

In Georgia if you plead guilty to a second DUI offense, you will be sentenced. If you plead not guilty the case will go to trial. You cannot seek a plea bargain for a second offense DUI in Georgia.

Get Legal Advice

If you have been charged with a second offense DUI in Georgia, consult with an experienced Georgia DUI attorney. You will want competent legal counsel to ensure you are protected.