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DUI Second Offense/Guilty Plea or Being Found Guilty at Trial

  • Fine: $600-$1,000 (plus statutory surcharges, fees and assessments, which typically adds 20% to 30% to the fine amount).
  • Jail: 90 days to 12 months. All but 72 continuous hours of jail time may be suspended, stayed or probated. Seventy-two (72) continuous hours in jail is MANDATED. However, a few judges will consider (in the right case and with the right witnesses and proof) permitting all or part of the court-ordered "jail" time to be served at either (a) a halfway house (where treatment for alcohol or drugs is available) or "work release" program; (b) a "detention" drug/alcohol treatment (in-house) facility; or (c) by way of "home detention", whereby you must be at home and respond to monitoring and testing whenever you are not at work, treatment, etc. The judge decides whether this will be an alternative sentence available to you, for all or part of your sentence, and (if so) he/she may set the rules of when you must be at home. If available, any alternative to traditional jail time is a matter of planning by the attorney and client, and is usually subject to "negotiations" between the prosecutor and the defense attorney which are later implemented by the judge into a formal, written order or "sentence." The remainder of the sentence may be suspended, stayed or probated-at the judge's discretion. Persons under 21 convicted for a second offense within five years under code sections ("a," "i," or "k") have no statutory protection that requires segregation from the general jail population, where a repeat offense exists.
  • Community Service: Not less than thirty (30) days of Community Service is MANDATED in all cases.
  • Probation: 12 months of probation, less any days of actual incarceration if the defendant is sentenced to less than 12 months imprisonment.
  • Mandatory Alcohol and Drug Assessment and Treatment (if dictated by the assessment): Every repeat offender undergoes a clinical evaluation and must follow all treatment recommendations. Also, every repeat offender must participate in a 20-hour Risk Reduction program approved by the Department of Human Resources at a program fee of approximately $175 plus an assessment fee of roughly $75.
  • License Suspension: For adults convicted under subsection "a," a three-year suspension. Not even limited driving privileges can be reinstated for 12 months. For persons under age 21 convicted under subsection "k," an 18-month suspension of license applies to all offenders, with no work permit at all and no chance for ignition interlock during this 18-month period. All offenders (those over 21 or under 21) must also be completely finished with all alcohol and drug treatment before they can qualify for return of the plastic license. However, unless all alcohol and drug treatment is completed, no license can be reinstated, but a limited "work permit" may be available. Therefore, 12 months after conviction, "adult" offenders may apply to the Department of Public Safety for restricted driving privileges by submitting proof of completion of the Risk Reduction Program, plus proof of completion of alcohol and drug treatment, and paying a reinstatement fee in the amount of $200 (mail-in) or $210 (walk-in). Then for not less than six (6) months, all of the offender's vehicles (if used for personal use or work) must be fitted with an ignition interlock device which prevents the car from running when the driver's breath has any alcohol on it.
  • Photo Published in Newspaper: In conjunction with a second or subsequent conviction, a notice of conviction will be published in the local newspaper including:
  1. Photograph of offender taken at time of arrest;
  2. Name and address of offender is given; and
  3. Date, time, place of arrest and disposition of the case.
  4. The offender is assessed an additional $25 fee to be paid to the Clerk of Court at sentencing to cover the cost publishing the photograph in the local newspaper ("the legal organ").
  5. The size of the photo and written notice that accompanies it is one column wide by two inches high.
NOTE: This "photo publication" punishment is applicable to second or subsequent offenders whose new arrest occurs on or after May 1, 1999.
  • Ignition Interlock Devices (Mandatory): For all second and subsequent offenders in a five-year period, a court will order the installation of ignition interlock device for a six-month (or longer) period. The judge can either order an ignition interlock device 12 months after the conviction; or rule that the offender is not eligible for an ignition interlock device which means that the offender's license will be suspended for the full 18 months with no limited permit. The cost of installation and maintenance of an interlock device is paid by the offender. The device prevents an offender from starting his/her vehicle without first blowing into a breath tube. The device "sounds" an alarm periodically while the vehicle is running, and the offender must blow into the device again. Otherwise, the vehicle stops. This device prevents any driving after consuming alcohol. The device has a computer database that will later be downloaded and will indicate when any "positive" alcohol readings were obtained. This may lead to full license suspension for the entire three (3) years, and could result in a revocation of probation.
NOTE: Georgia's appellate courts have not ruled on whether this "ignition interlock" punishment is retroactive, or only applicable to cases made July 1, 2001, and after. Some judges are adding an ignition interlock requirement to ALL convictions, by judicial decree - including FIRST offenders.
  • License Plate Confiscation: The new 2001 legislation, applicable to ALL second offenders (using five-year "look-back") requires the court handling the case to confiscate ALL license plates for ALL vehicles in the convicted person's name. This includes co-owned vehicles. Limited provisions exist whereby a co-owner or family member may seek to use the car, but a motion must be filed and a hearing must be held. If hardship is granted, a special "DUI" tag is issued
SPECIAL CAUTION: UPON A FOURTH CONVICTION WITHIN FIVE YEARS, HABITUAL VIOLATORS CAUGHT DRIVING ANY VEHICLE --- DRUNK OR NOT --- CAN HAVE THEIR MOTOR VEHICLE SEIZED BY THE STATE AND SOLD (FORFEITED). ADDITIONALLY, SUCH CONDUCT TYPICALLY WOULD BE CHARGED AS A FELONY OFFENSE.

For additional information, click the category of interest below.

 › A DUI Conviction is Forever
 › Legal Limits of Alcohol Concentration - Three Different Standards
 › DUI - "drugs" and DUI - "alcohol and drugs"
 › What Does the Five-Year "Look-back" Period Relate to?
 › DUI First offense
 › Plea of Nolo Contendere
 › DUI Second Offense/Guilty Plea or Being Found Guilty at Trial
 › Drug Offenses and DUI-Contraband
 › Driver's License Consequences
 › Filing An "Appeal" (Request For Hearing)