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3 FAQs about a second DUI offense in Georgia

On Behalf of | Dec 27, 2022 | criminal defense

Making poor choices often come with consuming alcohol.

According to the Georgia Department of Driver Statistics for 2020, police offers made 106 DUI arrests in Bartow County. When your bad decision equates to a second DUI, you face much more severe consequences.

1. Will I get charged with a felony?

The law considers a second DUI arrest as a misdemeanor. If you have caused any bodily harm to another person or property damage, the offense bumps up to a felony.

2. What penalties might I face?

A second conviction nearly always means jail time. Although sentencing varies by the judge, you may face anywhere from 72 hours to a year incarcerated. Along with serving time, the fines also go up. You may have to pay a maximum $1,000 fine as well as possible surcharges and fees. Other consequences include completing a minimum of 240 hours of community service and attending 20 hours of DUI classes.

2. How will it affect my driving rights?

If the second incident happens within five years of the first conviction, you immediately face a three-year driver’s license suspension and can not apply for a limited permit for 12 days. If you acquire an ignition interlock system, which you will have to pay for, you might get your license reinstated after 18 months. Once named a registered offender, you must surrender license plates in your name to the court.

The serious nature of these charges does not always mean getting the strictest penalties. Depending on your situation and the judge, a plea deal may eliminate a trial.