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2nd DUI: Second Offense DUI Charges in GA, 2nd D.U.I. Laws

By: DUI Attorney Larry Kohn and DUI Lawyer Cory Yager, providing legal advice for a collective 89 years, with 2nd Offense DUI Defense Lawyer Bubba Head, the best known Atlanta DUI attorney

How long does a DUI stay on your record in Georgia? If a person has already been previously convicted, that person's prior lawyer should have explained that the conviction for DUI was permanent.

Many times, our lawyers learn that this vital piece of information about any future second DUI conviction was not disclosed or even discussed by the person's prior attorney for DUI defense. For anyone who is facing a DUI second offense, please take the time to watch this very helpful, short video on how to NOT self-incriminate by exercising your constitutional rights, by William C. Head, our senior partner.

Profiles of Our Award-Winning GA Criminal Defense Attorneys who are all Georgia Criminal Lawyers who are multi-years recipients of Super Lawyers recognition

Under GA DUI law, any experienced DUI lawyer near me can tell you that a 2nd DUI conviction in Georgia carries much harsher penalties than a DUI first offense Georgia. This is why our top-rated DUI lawyers seek a non-DUI solution, when our legal team is hired by clients facing their DUI 2nd offense.

What can happen for a 2nd DUI offense? If convicted of the new DUI, any 2nd offense DUI sentence will be very painful when it is your 2 DUI in 5 years. Plus, jail is unavoidable, if convicted.

Second Offence DUI: 5 Quick Answer FAQs

The 5 answers below will cover many Web surfers' 2nd D.U.I. questions, versus listening to secondhand advice and often bogus 2nd DUI stories from cheap DUI lawyers:

  1. Can you be a cop with 2 DUIs? Never heard of that happening in the State of Georgia.
  2. Can I join the military with 2 DUIs? Never heard of this being allowed before, but the all-volunteer military services may relax current background checks and allow certain misdemeanor offense "baggage."
  3. Can I obtain early termination of probation for 2nd DUI convictions? The terms of your probation will not be lifted before the "end" date, in repeat offense DUI cases, in almost 100% of cases. When some extraordinary "event" has occurred (or is about to occur) our lawyers can recall a very small handful of successful early termination motions, but only after at least one full year has been served.
  4. Can I reopen a DUI case from 2 years ago? This has happened, but only when our DUI attorneys were hired to clear up situations where a relative or "friend" had falsely given our client's name and address, instead of their correct identification. Because we have then been able to show that the court was tricked by the real perpetrator (usually by uncovering the mug shot and fingerprints), the false charges were erased against our truly innocent client.
  5. I spoke to an attorney who promised to get a full probation sentence, with no additional jail time. Is that possible? It is only possible if you already served 72 hours when arrested for this DUI, and that Court does not have a DUI Court or Drug Court for which they attempt to "leverage" you into receiving long term treatment. Anything short of 72 hours in jail for a GA DUI 2nd offense is an illegal sentence. Pierce v. State, 278 Ga.App. 162, 628 S.E.2d 235 (2006).

More Answers to Other Common Questions about Repeat Offense DUI Cases

How long do you lose your license for a second DUI? This is due to the lengthy time you cannot drive --- at all --- for not less than 120 days and possibly for three (3) years, before a reinstatement fee can be paid and a new license in Georgia sought. After 18 months, certain methods of “rehabilitation” can be proven to seek a new Georgia license, possibly interlock device restricted.

The Georgia Department of Driver Services manages violations of the implied consent law in our state. This includes requesting breath alcohol or blood testing after an arrest and reinstating licenses. They also issue a temporary paper driving permit when your plastic license is confiscated after a DUI arrest.

Unless a 2nd DUI plea bargain is obtained, or the case is won at a trial, jail time is guaranteed on any repeat DUI conviction when the arrest dates are within 10 years of each other.

What happens when you get a second DUI? Just being arrested often starts the Prosecutor's team scheduling you for an "orientation" program to "lay out" the second DUI consequences to you (and others) if you don't plead guilty go into an "accountability court" program.

Additionally, most top DUI lawyers will have explained that jail time for second offense DUI can be dramatically different with a repeat offense. You will face 2nd DUI jail time on ANY second DUI within 10 years in Georgia.

The Georgia Legislature mandated this jail punishment. And, in 2023, where accountability courts are in place, you can face months in jail, unless the case is either:

  1. dismissed,
  2. won at trial or
  3. if the DUI 2nd offense gets the case reduced through plea bargaining with the prosecutor.

If you are convicted of DUI a second time, you may one of many people now tell people that "a 2nd DUI ruined my life." For many, the 2nd in 5 DUI in GA license suspended penalty alone derails their job, costing them tens of thousands or even hundreds of thousands of dollars.

What happens with 2nd DUI in Georgia? If you have been convicted of driving under the influence (DUI) in Georgia before, then you may think an arrest for a 2nd DUI offense is not that serious. After all, you already know what to expect, so you don't have anything to worry about, right?

For a Second Conviction of DUI What Is the Penalty?

To get your license back early, you need to follow the rules set by GA DDS, not your judge. You have to pay a fine of $600 to $1000, plus extra court surcharges that will make the fine double. You also have to do at least 240 hours of community service.

Additionally, you need to finish a 20-hour alcohol education program called "risk reduction" or DUI classes. Lastly, you will have to spend 72 hours to 12 months in jail, with credit for any time served after your arrest.

Finally, as one final act of public humiliation, is that 2nd offenders must pay to have their arrest and conviction details published in the local newspaper. This includes your name and photograph, plus case "disposition" being published in a local newspaper (see image of an unknown offender, below --- not one of our clients).

Unfortunately, long after that paper is out of circulation, your conviction will also remain on your criminal record—a fact that can threaten numerous employment, housing, and financial opportunities in the future. Watch this short Ted Talk from a former imprisoned person about the massive impact of being convicted.

2nd DUI legal publication in local newspaper, giving details on the DUI 2nd offense crime. This Notice of Conviction is mandated for any DUI charges second offense in the Peach State, if convicted. Hiring a DUI lawyer with highest attorney ratings is essential.
(This image credit goes to Google, and is NOT a client of our firm)

In Georgia, what happens when you get a 2nd DUI? If you get a second DUI, and especially if your two DUIs are "back-to-back," state prosecutors will not be in a mood to reduce charges or negotiate on tough jail time as part of your punishment.

What is the DUI Court Program? In fact, in well over half of all Georgia counties, any DUI charges second offense defendants will find that their cases will be expedited, so that you can be told about the "DUI Court" program offered as an alternative. If the DUI court program is unacceptable to you, your DUI lawyer may have a difficult time reducing the severity of your second DUI penalties, but only if you are convicted.

Compare the first offence DUI, where a limited driving permit (for those GA residents ages 21 and older) was immediately available once your case was closed out. No limited permit will be available until 120 days have passed, and you have qualified from a ignition interlock device to be installed on one vehicle, for at least 12 months. In addition, the highly embarrassing mug shot photo publication requirement described below is required on and 2nd D.U.I. in ten years.

Well, think again. If you get a second DUI in Georgia within 5 years, the penalties are much worse than for a first offense. It's important to hire an experienced DUI lawyer in your area to help you navigate the legal process.

If you get a fourth DUI within 10 years, you could go to prison for up to 5 years. This 4th DUI in 10 years is considered a felony in the Peach State. Read about this 8th DUI offender Mr. Head represented and was able to get charges reduced, with no jail time.

William Head's 101 Ways to Avoid a Drunk Driving Conviction Book praised bt Tennessee Radio Disk Jockey.
(Above, Tennessee Radio Disk Jockey praises William Head's 1st DUI Book)

Contact a Second DUI Offense Attorney with Our DUI Law Firm Today

These DUI punishments for a DUI second offense are very severe and this is part of the law that is made in Georgia for purposes of deterring people from getting in trouble again. Without doubt, these DUI penalties can harm you, your job, your family, and your long-term future.

Each of our Atlanta DUI lawyers has co-authored legal books on driving under the influence and criminal law topics. William C. Head is partners with Larry Kohn and Cory Yager for The Georgia DUI Trial Practice Manual for 2023.

Links to other Related Pages about Georgia DUI Laws

Can I get my CDL back after 2 DUIs? Most calls about commercial driving privileges come from people who previously were CDL drivers and have had 2 DUI-DWI convictions.

But, for those who have never had their commercial driving overlay permits, "can I get a CDL with 2 D.U.I.," will not apply at all until 10 years have passed since the conviction date of that 2nd offense DUI. Then, many trucking companies will not employ such CDL license holders, due to their liability insurance company "rules."

Does your firm have prior case examples of 2nd DUI reduced to reckless driving? Yes, some 20 anonymous sample cases and another 20 are also available on this web page.

Contact us now, for immediate help from an affordable DUI lawyer. For your FREE lawyer consultation, call today to (404) 567-5515 for that FREE consultation.

Ask about our liberal legal fee monthly payment plans, if needed. If your arrest occurred in another state, go to this national directory of DWI-DUI lawyers near me.

Client Reviews
Great lawyer helped me out a lot. Very attentive, made me feel comfortable and at ease!! Really knows his stuff - would use him anytime. M.L.
Mr. Larry Kohn could not have been more helpful. I sent him a message for a free consultation, and unfortunately my case had to be handled in another state. But he completely walked me through everything I needed to do, and even offered to assist the lawyer I did find in Virginia should they need help with my case. Jamie V.
Mr. Kohn is just amazing. He is truthful and realistic when explaining potential outcomes of your case and doesn’t force you to hire him or anything. When I met him, he went through everything about the case and ways to fight it off first before even telling me about his services. He got my case dismissed and kept me out of a lot of potential problems with school applications and future job opportunities. I highly recommend him to anyone. Anurag G.