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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:
- Photograph of offender taken at time of
arrest;
- Name and address of offender is given; and
- Date, time, place of arrest and disposition of
the case.
- 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").
- 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.
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