Second-Offense DUI Lawyer in Marietta, Georgia
Our Marietta, GA, second-offense DUI lawyer defends clients against the harsh penalties of second-time DUI charges. Call Frye Law Group, LLC.
Understanding the Consequences of a Second DUI Offense
The state of Georgia takes driving under the influence (DUI) of drugs or alcohol extremely seriously. Their DUI penalties are some of the harshest in the country, and convictions will stay on your permanent record for life, regardless of whether it’s a misdemeanor or felony. Each time you are found guilty of driving under the influence, the penalties increase, which is why it’s extremely important to fight each and every charge.
If you’ve been accused of driving under the influence for a second time, whether for alcohol, marijuana, or other substances, contact Frye Law Group today. Our founder, Attorney Kim Frye, is a former prosecutor in Georgia and has operated her own practice in the state for more than 10 years, so you can trust that she knows the ins and outs of the state’s criminal justice system and can help you build a strong defense.
Call (770) 268-3755 to schedule a free case evaluation with our Marietta second offense DUI attorney.
Potential Penalties for a Second DUI Offense
Like a first-time offense, a second DUI conviction is still a misdemeanor, but you could face significantly heightened punishments. This is especially true if it’s your second offense within a 5-year period.
In Georgia, the penalties for a second DUI conviction within a five-year period are designed to be significantly more severe than those for a first offense. These penalties are intended not only as punishment but also to deter repeat offenses.
Potential penalties for second-offense DUI convictions may include:
- Jail time (varies widely, but at least 72 hours)
- Probation (up to 12 months)
- Fines (up to $1,000)
- Suspension of your driver’s license (up to 18 months)
- Community service (240 hours)
- Drug or alcohol treatment programs
- DUI Risk Reduction Program (RRP) courses (20 hours)
- Mothers Against Drunk Driving Victim Panels
- Confiscation of your license plate
- Publication of your photo in the county news
- Installation of an ignition interlock device on your vehicle (if granted a limited permit)
These penalties underscore the importance of legal representation in fighting a second DUI charge, as the consequences can significantly impact one’s life and future.
Your DUI case does not end the moment your license suspension period ends. Although you may apply to have your license reinstated, you must show the court that you have met their conditions. This includes proving that you completed any court-ordered treatment programs and courses, performed all community service hours, satisfied your probation requirements, and installed and maintained your ignition interlock device for the specified time.
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Furthermore, the additional DUI conviction will also be added to your criminal record, and you’ll be responsible for paying higher rates for auto insurance and have limited job opportunities.
Understanding Georgia’s 30-Day Rule After a DUI Arrest
If you’ve been arrested for DUI in Georgia, you only have 30 days to act in order to protect your driving privileges. This deadline is crucial. After your arrest, the Georgia Department of Driver Services (DDS) will begin the process to suspend your license—even before your criminal case is resolved.
Here’s what you need to know:
- Form 1205: When you’re arrested for DUI, the officer may serve you with a Form 1205, which acts as both a notice of license suspension and a temporary driving permit.
- What the 30-Day Rule Means: You have 30 calendar days from the date of your arrest (or service of Form 1205) to either:
- Request an Administrative License Suspension (ALS) Hearing, or
- Apply for an Ignition Interlock Device Limited Permit (IIDLP) (if eligible).
Failing to act within this timeframe will likely result in an automatic license suspension, regardless of the outcome of your criminal case. This makes taking immediate action with your attorney essential.
How to Appeal a License Suspension in Georgia
Appealing a license suspension involves initiating an ALS hearing through the DDS. Here’s how that process works:
Request the ALS Hearing
- Submit a written request and a $150 fee to the Georgia DDS within 30 days of your arrest.
- The DDS will schedule a hearing before an administrative law judge to review the circumstances of your arrest and determine if the suspension should be upheld.
What Happens at the Hearing
Your attorney can challenge the legality of your stop, arrest, and whether implied consent warnings were properly read.
If the officer does not appear, the case may be dismissed.
Outcome Possibilities
- If you win: Your full license rights are restored while the criminal case proceeds.
- If you lose: Your license will be suspended, but you may still qualify for a limited driving permit depending on the facts of your case.
This hearing is completely separate from the criminal court process, so don’t ignore it just because you plan to fight the DUI charge in court.
Aggravating Factors That Can Increase Penalties
Second DUI offenses in Georgia face enhanced penalties when certain aggravating factors are present. A blood alcohol concentration (BAC) of 0.15 or higher typically results in mandatory additional jail time and extended license suspension periods. This elevated BAC level demonstrates severe impairment and is treated with particular severity by Georgia courts.
The presence of minors in the vehicle during a DUI offense triggers child endangerment charges, which are prosecuted separately from the DUI. Each child under 14 years old results in a separate endangerment charge, potentially leading to additional jail time and fines for each count.
Causing bodily injury or property damage significantly escalates the severity of a second DUI offense. These circumstances can transform a misdemeanor DUI into a felony charge, particularly if serious injury occurs. Felony convictions carry mandatory prison sentences, substantially higher fines, and extended license revocation periods.
Refusing breath or blood tests, while a legal right, results in an automatic one-year license suspension under Georgia’s implied consent law. This suspension applies independently of the DUI charge and cannot be reduced or modified, even with completion of DUI school or other programs.
How a Marietta GA DUI Attorney Can Help Defend Client’s Rights
A seasoned Marietta, GA, DUI attorney is invaluable when facing a second DUI charge. Their experience and strategic approach can make a notable difference in the outcome of a DUI case. Here’s how they can help:
- Evaluating Evidence: Your attorney will meticulously review the evidence against you, identifying any weaknesses or procedural errors that could result in a reduction of charges or a case dismissal.
- Negotiating Plea Deals: If appropriate, a lawyer may negotiate with the prosecution and try to reduce the charges or penalties, leveraging their knowledge of the local legal system to their advantage.
- Representing You in Court: With a deep understanding of DUI laws and courtroom dynamics, a DUI attorney can advocate on their client’s behalf, presenting a strong defense and challenging the prosecution’s case.
- Advising on Alternative Sentencing: In some cases, alternatives to jail time, such as diversion programs or probation, may be available. Your attorney will explore all possibilities to minimize the impact on your life.
- Protecting the Defendant’s Rights: An attorney ensures the defendant’s rights are protected throughout the process, offering guidance and support every step of the way.
Facing a second DUI charge in Georgia is daunting. Still, with a skilled Marietta, GA, DUI attorney by your side, you can navigate the legal challenges and work towards a more favorable outcome.
Defending North Georgians From Second-Time DUI Charges
Defending North Georgians From Second-Time DUI Charges[/caption]
Our legal team has handled over 1,000 cases and has successfully defended residents of Cobb, Fulton, Cherokee, Bartow, and Paulding counties against all kinds of DUI offenses, including first-time DUI charges, DUI accidents, marijuana DUI arrests, felony DUI offenses, and everything in between.
Our legal services vary depending on the facts of your case but may include anything from preventing the imminent suspension of your license to exposing any evidentiary weaknesses in the prosecution’s case. No matter the circumstances, you can be confident that we’ll fight for an optimal resolution for your situation.
If you’ve been arrested on a second DUI charge in North Georgia, contact our Marietta second-offense DUI attorney immediately.
FAQ
1. What counts as a “second offense DUI” in Georgia?
2. What are the mandatory penalties for a second DUI conviction?
3. How long will my driver’s license be suspended after a second DUI?
4. What process can I expect after being charged with a second DUI?
5. What are the risks and rights if I’m charged with a second DUI?
Rights: You have the right to legal counsel, to challenge evidence (such as the traffic stop or breath/blood test), to a fair trial, and to due process.
Risks: You risk significant jail time, heavier fines, loss of driving privileges, increased insurance costs, and having a DUI on your criminal record. Having a second DUI also limits some defense options and increases severity of penalties.
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Defending North Georgians From Second-Time DUI Charges
Our legal team has handled over 1,000 cases and has successfully defended residents of Cobb, Fulton, Cherokee, Bartow, and Paulding counties against all kinds of DUI offenses, including first-time DUI charges, DUI accidents, marijuana DUI arrests, felony DUI offenses, and everything in between. Our legal services vary depending on the facts of your case but may include anything from preventing the imminent suspension of your license to exposing any evidentiary weaknesses in the prosecution’s case. No matter the circumstances, you can be confident that we’ll fight for an optimal resolution for your situation.
If you’ve been arrested on a second DUI charge in North Georgia, contact our Marietta second offense DUI attorney immediately.
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Contact Our DUI Attorney In Marietta, GA Today
REPRESENTING THOSE IN COBB, BARTOW, CHEROKEE, FULTON, PAULDING AND DOUGLAS COUNTIES.
Because you have such a limited amount of time to contest your suspended license and the seriousness of DUI charges in Paulding County Georgia, you should call an attorney as soon as you receive notice of your charge.
If you or someone you know has been charged with a DUI, contact our office at Frye Law Group today to begin your defense.
Got a DUI? Call 770-919-9525.
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