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George Stein, The DUI Lawyer

How DUI Charges In Georgia Differ Between First-Time And Repeat Offenders

  • By: George Stein, Esq.
A man holding a beer bottle while driving, covering his face, representing a DUI.

In this article, you will discover:

  • Penalties for first-time and multiple offenders under Georgia’s DUI Law.
  • Legal defenses for multiple DUI offenders in Georgia.
  • How DUI penalties increase for second and third DUI offenses.

What Are The Penalties For A First-Time Offender Under Georgia DUI Law?

A first-time DUI offender faces 12 months in jail, 40 hours of community service, and license suspension. You could also spend a mandatory 24 hours or more in jail. However, judges will often give credit for time served the first evening you’re arrested, requiring no more jail time after that.

Treatment will also be mandated, and you’ll be required to attend DUI school, get an alcohol and drug evaluation, and follow any recommendations given.

How Do DUI Penalties Increase For Second And Third DUI Offenses In Georgia?

For your first DUI offense, jail time is mandatory for 24 hours. A second DUI within five years will require anywhere between three days and 90 days in jail, but only three days are mandatory. Community service jumps from 40 hours to 240 hours. Additionally, you’re required to install an ignition interlock device, also known as a breathalyzer, in your car for one year.

For a third offense, jail time increases significantly, ranging from a mandatory 10 days to two months. The penalties are the same as those for a second DUI.

What Are The Mandatory Jail Sentences Required For Repeat DUI Offenders In Georgia?

On a second DUI, mandatory jail time is three days; on a third DUI within five years, it’s 10 days. If you get a fourth DUI within 10 years, that’s a felony, and you face one year in state prison.

What Legal Defenses Are Available For Repeat DUI Offenders?

Defenses for repeat DUI offenders are the same as for any other offender, including a first-time offender. Defenses would include challenging whether the traffic stop or arrest was legal. If the stop or arrest were not legal, then the case against you would be dismissed, and all evidence would be suppressed.

Regarding suppression of evidence, suppose there is a blood or breath result that exceeds the limit, but the officers made a procedural error that violated the law. Our defense would be to challenge that damning blood or breath test evidence and have it suppressed. Often, that opens the window of opportunity to have your DUI dismissed.

Notes From The Field: Emotional Or Psychological Challenges Repeat DUI Offenders Often Face

Often, multiple offenders have alcohol and drug addiction problems. I always encourage them to address these problems and straighten out their lives by seeking treatment.

Many clients are off balance after they’ve been arrested and anxious about their pending case. To regain their equilibrium, I typically ask them to return to work, exercise, and not just fixate on their problem. I also tell them to get plenty of sleep and avoid scrolling the internet every night until 04:00 a.m.

I also make sure to maintain good communication with my clients, as they may frequently call to request updates or reassurance that everything is going to be okay. I’m careful to be diligent about returning their calls to help answer their questions and make the process less stressful for them.

Still Have Questions? Ready To Get Started?

For more information on penalties for Georgia DUI offenders, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (404) 681-4000 today.

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