Have you been arrested for your second DUI in Henry County, Georgia?
A second DUI is more serious than a first offense, and the penalties are greater. Fortunately, a second DUI is still generally treated as a misdemeanor offense. Be sure to speak with a Henry County DUI attorney first before entering a DUI court program. The requirements for these types of programs are often stringent and may lead to a violation of probation.
30 Day Warning for Second DUI in Georgia
Similarly to first DUI's, you have 30 business days to file your appeal of your license suspension in Georgia. It is also known as the 30 day letter and it is a request for a Georgia Administrative License Hearing (ALS). Your attorney uses this hearing to protect your right to drive. If you fail to submit a 30 day letter then you license may be suspended for up to one year.
Penalties for a Second DUI in Georgia
Under Georgia law, a second DUI offense requires you to spend a minimum of three days in jail time. This is the minimum however and if convicted the prosecuting attorneys and judges may sentence you to far more jail time. Your license could be suspended for up to 18 months. If this is the case, generally you will not be granted a limited permit and may even be subject to mandatory installation of an ignition interlock before it can get reinstated. Henry County law also states that you will have to serve a minimum of 240 hours of community service, attend DUI school, take a clinical alcohol and drug evaluation and attend alcohol or drug treatment. In some cases, you would even be required to surrender your vehicles' license plates and have your photograph published in the local newspaper. Just like your first offense, fines and fees will also be imposed.
As of January 1st, 2013, offenders will have the possibility of receiving a limited permit after 120 days as long as you are in an approved treatment program. You must submit proof of enrollment from the treatment program. There is no automatic right to receive this limited permit. Instead, it is in the judge's discretion. If you receive a limited permit, you are required to install and maintain an ignition interlock device for eight months. These devices come with an installation fee and monthly maintenance fees between $50-$150 per month.
After the eight months are up, you will still have the limited permit. The limited permit allows you to drive to school, work, court, probation, community service, doctors, and meetings for alcohol abuse. After the 18 month period is up, you will be able to apply for early reinstatement of your driving privileges. You must show proof that an ignition interlock device was installed on your vehicle for eight months and evidence that you were in a substance abuse treatment program. The fee to reinstate your license is $210 if paid in person and $200 if paid via mail.
A second DUI charge can come with substantial penalties. Don't risk your case by trying to represent yourself or by hiring a general practitioner. Lawson and Berry is Georgia's premier criminal defense firm and we are prepared to help you now. Contact us today for a free case evaluation.