Dealing With a 2nd DUI Charge in Atlanta, GA
DUIs are a big issue across the United States. According to the National Highway Traffic Safety Association (NHTSA), an estimated 11,000 people died in DUI-related accidents in 2020. In a landmark 2012 report, the NHTSA also found that about 25% percent of the people arrested for DUI across the US are repeat offenders. The report also found that 33% of those convicted for DUI in Georgia are repeat DUI offenders.
The Georgia Code recognizes the likelihood of repeated DUI offenses by providing stricter penalties with each subsequent DUI conviction. So, while a first-time DUI offender may get away with a symbolic slap on the wrist, the law does not allow for such luck with a 2nd DUI Charge.
If you’re dealing with a 2nd DUI arrest or charge, the only way to avoid a conviction is by successfully defending yourself in court. In that case, you may need the services of a competent DUI lawyer or law firm. Keep reading to learn more about the law and how an experienced Atlanta DUI lawyer can help your case.
2nd DUI in Georgia- The Offense
In order to deter repeat DUI offenses, Georgia law prescribes harsher punishments for subsequent offenses or convictions. A 2nd DUI conviction within ten years is regarded as a misdemeanor, just like the 1st. However, the penalties for a 2nd DUI are higher than for a 1st-time incident.
Third and fourth DUI charges are regarded as high/aggravated misdemeanors and a felony, respectively. You might need a felony lawyer in Atlanta for your defense in such cases.
Penalties for a 2nd DUI Conviction Under Georgia DUI Law
The penalties for a second DUI conviction within ten years include the following:
- Payment of a fine of not less than $600.00 and not more than $1,000.00
- Imprisonment for a period not less than 90 days and not more than 12 months
- Community service for not less than 30 days
- Completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days after conviction or within 90 days of release if the convicted was in custody
- Completion of a clinical evaluation or substance abuse treatment program
- Probation for a period of or up to 12 months
- Mandatory ignition interlock device permit and use for at least 12 months
- Automatic driver’s license suspension.
A 2nd DUI conviction, no matter how minimal the penalties may appear, is still a conviction. It becomes part of your record and could deprive you of getting into certain colleges and many other opportunities in the future.
If you’re dealing with a 2nd DUI charge, it is essential that you do all you can to try to avoid getting convicted. To achieve this, you may need to hire an Atlanta criminal lawyer. Your lawyer may be able to get your charges dropped or help you get a reduced sentence.
How an Atlanta DUI Attorney Can Help With Your 2nd DUI Charge
The criminal justice system is not infallible. Sometimes mistakes could happen during the arrest and arraignment process, leading to a wrongful conviction or a miscarriage of justice. A DUI defense attorney can review your case’s details and ensure that your rights have not been infringed. For instance, your attorney can investigate whether:
- The Atlanta police officer had probable cause to stop your vehicle or arrest you for DUI
- The field sobriety test was administered improperly
- The officer read you the notice for implied consent for the breathalyzer or chemical testing
- The breathalyzer or chemical test was improperly calibrated or administered
- You suffer from a medical condition that made you look intoxicated or skewed the test results
Your lawyer could use the information from the above questions to strategize and prepare a suitable defense for you where possible. Having a vibrant lawyer on your side who knows what to look for and the critical areas to probe can make a difference in your case. Consider contacting one today if you need help with your second DUI charge.
Get Help With Your DUI Charge at Chehimi Law
Handling your DUI charge alone could be detrimental. At Chehimi Law, we are committed to diligently defending our clients dealing with DUI charges in Atlanta. We can represent you if you’re dealing with drunk driving charges, even if you’ve been convicted before. With our experience and knowledge of Georgia DUI laws, we might be able to help you develop a suitable defense strategy. Call us at (470) 468-2119 or contact us to schedule a free consultation today with a reckless driving attorney.