Second Offense DUI in Georgia

In Georgia, second-offense DUIs (driving under the influence) are considered a grave violation. If a person is apprehended for DUI twice within a defined 10-year period, the offense is recorded as a second violation. Typically, the consequences for a second DUI in Georgia are much harsher than those for a first offense. A DUI arrest can occur if an individual's blood alcohol concentration reaches 0.08%, or 0.02% for drivers under 21 years of age.

Is a 2nd DUI a Felony in Georgia?

No, second DUIs are generally categorized as misdemeanors in Georgia; however, they can transition to a felony under certain conditions. For example, a second DUI may be classified as a felony if an individual is convicted of more than three DUIs within 10 years or if it results in substantial harm, including property damage, physical injury, or even death.

What is the Lookback Period for a Second DUI in Georgia?

A "lookback" period refers to the interval between two DUI offenses. In Georgia, the duration for a DUI to be "washed out" is 10 years. The timeframe between two DUIs is crucial in determining whether an individual faces a second DUI charge for a subsequent offense.

If a second DUI occurs within a decade, it is classified as a more serious offense and carries harsher penalties. A second DUI that happens after this 10-year gap is treated as a first offense, resulting in lighter consequences.

What are Aggravating Factors in a Second DUI?

Aggravating factors are circumstances that can exacerbate the penalties associated with a second DUI. These factors may include transporting a minor in the vehicle during the offense, causing significant damage as a result of the incident, or failing to comply with chemical testing or alcohol level assessments.

Additionally, having a blood alcohol concentration exceeding 0.15% at the time of arrest can further intensify the consequences.

What Happens If You Get a 2nd DUI in Georgia

According to O.C.G.A. 40-6-391(c)(2)(A)–(F) and (j)(2), a second DUI can lead to the following penalties:

• A necessary clinical evaluation and, if warranted, the completion of a substance abuse treatment course at the offender's expense
• A minimum of 30 days of community service
• A fine beginning at $600, potentially increasing to a maximum of $1,000
• A three-year suspension of driving privileges
• A minimum jail term of 72 hours, extendable to a minimum of 90 days to 12 months
• DUI Alcohol/Drug Use Risk Reduction Program
• A $210 fee for driver's license reinstatement
• A $25 fee for publishing a notice of conviction

How Long Does a Second DUI Stay On Your Record in Georgia?

Forever. Second DUIs remain on file for the offender's lifetime and cannot be expunged. Similar to other criminal convictions, having a DUI record can negatively impact the individual in question. Those with a DUI history often encounter challenges when seeking employment, housing, or financing. Additionally, individuals may face restrictions on their ability to travel, particularly while on probation.

How Much Does a Second DUI Cost in Georgia

In Georgia, the fines associated with a second DUI can vary depending on the time elapsed between the first and second DUI offenses and the case's specifics. According to GA Code § 40-6-391, second DUI fines range from $600 to $1,000. If a second DUI occurs more than 10 years after the first, it falls under Georgia's DUI lookback period, which treats offenses after this period as first-time DUIs, resulting in fines between $300 and $1,000.

However, each second DUI offender faces other fine penalties, including the costs to reinstate a license, attend DUI school or a substance abuse course, maintain high-risk insurance, and more.

Chances of Going to Jail for a Second DUI in Georgia

According to GA Code § 40-6-391, second DUI charges carry a mandatory incarceration period ranging from a minimum of 90 days to a maximum of 12 months, contingent upon the severity of the offense. This jail sentence can be converted to probation at the discretion of the DUI court judge, who may reduce the jail time to a minimum of 72 hours or longer.

Per Georgia's DUI lookback policy, offenses occurring after a decade may be classified as first-time DUI charges, potentially leading to waived jail time, depending on the court's decision.

Additional elements, like causing injury, property damage, or a minor passenger, can lead to longer incarceration durations.

Driver's License Suspension for a Second DUI in Georgia

A second DUI charge in Georgia results in a mandatory driver's license suspension for 12 months by the Department of Driver Services (DDS). As stated in GA Code § 40-5-67.2, if the second DUI occurs within five years of the first, the suspension period increases to three years. However, individuals may apply for reinstatement after a minimum of 18 months if they meet specific conditions:

• Completion of a DUI alcohol or drug risk reduction program, with proof provided
• Payment of a restoration fee of $200 or $210
• For repeat offenders, payment of a restoration fee of $500 or $510

It is relevant to emphasize that reinstatement is not automatic in Georgia. One must apply to the DDS and pay the required fees.

Ignition Interlock Device Requirement

Per GA Code § 42-8-111, an Ignition Interlock Device (IID) becomes mandatory following a conviction for a second DUI within five years if the court grants probation instead of incarceration. The offender is required to cover the related costs, including expenses incurred to have the IID installed and ensure its maintenance on all vehicles they own or operate for a minimum of 12 months.

DUI School and Substance Abuse Treatment

The Georgia Department of Driver Services oversees the DUI Alcohol or Drug Use Risk Reduction Program (RRP), a legally required intervention program for people charged with DUI. The program includes an assessment and an intervention component. The assessment evaluates an individual's alcohol and drug use to determine appropriate treatment, while the intervention consists of various programs addressing the identified issues.

According to GA Code § 40-6-391, individuals convicted of a second DUI must undergo a clinical evaluation to assess substance abuse and must register for and complete a DUI school program within 120 days of their conviction. If the individual is incarcerated and unable to fulfill this requirement, they must register and complete the program within 90 days of their release. Completing this program is essential for reinstating a suspended license.

Probation Conditions

Mandatory probation conditions in Georgia include abstaining from alcohol, obeying all state and federal laws, restricting travel to designated areas, and timely reporting to a probation officer, if required. Offenders must also comply with any other court-imposed rules and report on their registration and completion of DUI school or substance abuse treatment. Probation officers serve as court representatives and are tasked with reporting compliance or non-compliance with probation conditions.

Community Service Requirements

Second DUI convictions carry a mandatory community service obligation of at least 30 days (240 hours). This service must be performed at a non-profit organization designated by the court or selected by the offender. Any organization chosen by the offender must receive court approval. Accurate documentation of the hours served is essential to facilitate the evaluation of completion of the community service requirement.

Impact on Auto Insurance

After certain driving offenses, the insurance provider for the offender must submit a Georgia Safety Responsibility Insurance Certificate (SR-22A) to the Georgia Department of Driver Services (DDS) as evidence of financial responsibility before restoring the client's driver's license or driving privileges.

A second DUI conviction generally leads to higher insurance premiums or potential coverage denial, as individuals with such records are deemed risky. However, keeping a clean driving record over time improves one's chances of being accepted by insurance companies and avoiding elevated rates.

Which Courts Handle DUI Cases in Georgia?

In Georgia, DUI cases are processed through municipal, state, or superior courts. Municipal courts have authority over traffic violations and misdemeanors, including non-felonious DUI cases. All felony DUI cases are referred to state or superior courts, which have jurisdiction over such offenses. The state or superior courts also manage DUI cases that require a jury trial.

In addition, many counties offer DUI court programs—voluntary, post-conviction programs overseen by a state/superior judge to confront offenders' substance abuse problems. The DUI courts provide intensive treatment programs for cases that come before them.

Below are some courts that handle DUI cases in Georgia:

Athens Municipal Court
325 East Washington Street
Suite 170
Athens, GA 30601
Phone: (706) 613-3690
Fax: (706) 613-3696

Fulton Superior Court
Lewis R. Slaton Courthouse
136 Pryor Street
Suite C155 J2-101
Atlanta, GA 30303
Phone: (404) 613-5313

Clayton Superior Court
9151 Tara Boulevard
Room 1CL25 Jonesboro
GA 30236-4912
Phone: (770) 477-3395

Chatham County State Court
Eugene H. Gadsden Courthouse
400 West Oglethorpe Avenue
Suite 127
Savannah, GA 31401
Phone: (912) 652-7224

Richmond County Superior Court
70 Haynes Street
Marietta, GA 30090
Phone: (770) 528-1300

While the courts oversee criminal penalties for DUIs in Georgia, the State Department of Driver Services manages the administrative license suspension (ALS) process, regulates the DUI risk reduction program, reinstates licenses, and preserves permanent driving records, including DUI convictions. Below are the department's physical and mailing addresses:

Street Address:
2206 EastView Parkway
Conyers, GA 30013
Phone: (678) 413-8400

Mailing Address:
P.O.B 80447
Conyers, GA 30013

Can You Get a DUI on a Horse in Georgia?

Yes. According to GA Code § 40-6-4, the rights and obligations affecting vehicle drivers also extend to horseback riders, unless otherwise stated by law. This means that it is indeed possible to receive a DUI while riding a horse on roadways in Georgia.