DUI Attorney in Atlanta
Repeat DUI Offenses
Second offense DUI (Misdemanor): If this will be your second DUI conviction within ten years from your last DUI convictoion, this is the punishment you will be facing:
How Much Jail Time Will You Be Looking To Get:
Georgia law requires that the judge must sentence you to a period of imprisonment of not less than 90 days nor more than 12 months. Although the judge can probate at least a portion of this term of imprisonment, the judge must sentence you to serve no less than 72 hours of actual incarceration. What this means is that you must be sentenced to at least 72 hours in jail. But keep in mind, that many judges will sentence you to much more than the statutorily required minimum of 3 days.
The maximum amount of jail time that can be imposed upon you by the judge is 12 months.
After You Finish Your Jail Time, How Much Probation Will You Be Looking To Get:
Georgia law provides that the judge must place you on probation for a period of 12 months, crediting any jail time that you have served.
How Much Of A Monetary Fine Will You Be Required To Pay:
Georgia law requires that the judge impose a fine of not less that $600.00 and not more than $1,000.00. In addition to the fine amount, you will be required to pay court surcharges and assessments.
How Much Community Service Will You Be Required To Perform:
Georgia law requires that you perform"not fewer than 30 days of community service". This means at least 240 hours of such service.
How Long Will Your Georgia Driver's License Be Suspended:
Georgia law requires that, if you have a Georgia driver's license and you are convicted in Georgia of your second DUI offense within the requisite period of 5 years from your earlier DUI conviction, your license will be suspended for a period of 3 years commencing on the day you are convicted. For the first 12 months of this period of suspension you will not be able to drive at all as the law does not allow you to apply for the limited driving permit that is available to certain first time DUI offenders. This is what is referred to as a period of "hard suspension".
After this passage of 12 months, you will be able to drive, in a limited and restricted fashion, for the next six months by obtaining what is known as "an ignition interlock device limited driving permit". After the passage of these 6 months (and thus a total of 18 months of suspension) you will be able to reapply for full reinstatement of your Georgia driver's license, thereby bypassing the full suspension period of 3 years. (Note, if you are under 21 years old, the law does not allow for you to obtain this permit. Therefore, your license will be suspended for 18 full months).
This is how your driver's license suspension works:
The first 12 months of the 3 years of suspension is a hard suspension and you cannot drive under any circumstances. Then for months 13-18 of the 3 year period of suspension the judge will order you to place an "ignition interlock device" on your vehicle as one of the conditions of your probation. This is a device that is attached to your vehicle by a state-authorized provider center and prevents the vehicle from being started at any time without the device first determining the blood alcohol concentration of the operator of the vehicle. This determination is done by having the operator of the motor vehicle supply a deep lung breath sample into the device. If the operator's blood alcohol concentration, as measured by the ignition interlock device, exceeds 0.02 grams, the motor vehicle will not start.
Third Offense DUI (Hight and Aggravated Misdemeanor:
If this will be your third DUI conviction within ten years from your last DUI conviction, this is the punishment you will be facing:
How Much Jail Time Will You Be Looking To Get:
Georgia law requires that the judge must sentence you to a period of imprisonment of not less than 120 days nor more than 12 months. Although the judge can probate at least a portion of this term of imprisonment, the judge must sentence you to serve no less than 15 days of actual incarceration. What this means is that you must be sentenced to at least 15 days in jail. But keep in mind, that many judges will sentence you to much more than the statutorily required minimum of 15 days.
The maximum amount of jail time that can be imposed upon you by the judgeis 12 months.
After You Finish Your Jail Time, How Much Probation Will You Be Looking To Get:
Georgia law provides that the judge must place you on probation for a period of 12 months, crediting any jail time that you have served.
How Much Of A Monetary Fine Will You Be Required To Pay:
Georgia law requires that the judge impose a fine of not less than $1,000.00 and not more than $5,000.00. In addition to the fine amount, you will be required to pay court surcharges and assessments.
How Much Community Service Will You Be Required To Perform:
Georgia law requires that you perform "not fewer than 30 days of community service." The means at least 240 hours of such service.
How Long Will Your Georgia Driver's License Be Revoked:
Unlike a first time or second time DUI conviction, which results in a suspension of your Georgia driver's license, Georgia law requires that upon your third conviction for DUI within the requisite period of 5 years from your last DUI conviction, your license is revoked for a period of 5 years and you are considered to be a habitual violator. After the passage of 2 years, you are eligible to receive a probationary driver's license for a period of time not to exceed 3 years if you have fulfilled several prerequisite conditions. The fee for the issuance of this probationary license is $400.00 if it is done through the mail and is $410.00 if it is done in person at the Georgia Department of Driver Services.