2nd DUI: Facing Real Jail Time

If you are facing a second DUI prosecution, the punishment and consequences of conviction are far more serious than your first experience with the criminal courts.

The Official Code of Georgia § 40-6-391 lays out the criminal sanctions of being convicted of a second DUI.

The law states: “For the second conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contender is accepted” the punishment will be” imprisonment of not fewer than 90 days and not more than 12 month, a fine of not less than $600.00 and not more than $1,000.00, not fewer than 30 days of community service, completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days following his or her conviction, a clinical drug and alcohol evaluation and any treatment recommended, and probation of 12 months less any days during which the person is actually incarcerated.

In addition to these criminal consequences, generally speaking you are facing a one year hard suspension of your driving privileges regardless of whether or not you consented to the arresting officer’s request for to test your blood alcohol content.

The above described punishment is just for a single count of DUI.  Generally courts look for other offenses to extend jail or probation.  Many repeat DUI offenders also may be able to take advantage of a court run DUI court programs to lessen potential jail time.

If you are facing a second lifetime DUI prosecution contact an attorney who can help.  Call us today at 404-373-7735.