If you have already been charged with a DUI, you likely understand the basics of the process. But that process will change significantly if you are charged a second time.

What are the consequences of a second DUI in Georgia? Use this guide to better understand what you should expect if you find yourself in this situation.

As usual, when facing charges like this, you should consult with an experienced DUI attorney as soon as possible.

Upping the Serious Factor


Getting a second DUI charge in Atlanta, Georgia can quickly escalate into a highly serious situation.

Initial DUIs are already serious in their own right. This means that subsequent charges will elevate that serious factor to a whole new level.

You could face greater periods in jail, significantly higher fines, and longer suspensions of your driver’s license.

Act Quickly to Keep Your License

One of the most critical elements you need to understand is that time is not on your side. You are only given 30 days from the date of your arrest to file any sort of appeal for your DUI charge.

This appeal formally requests a Georgia Administrative License Suspension, or ALS, hearing. This is your opportunity to appeal to the court to retain your driver's license and keep your right to drive.

You will likely want to retain a DUI attorney to file the appeal for you as they understand how this process unfolds through the legal system. If you don't make this request or lose your appeal, you will likely face a license suspension of up to one year.

Typical Penalties for Second DUI

Some of the more common penalties for a second DUI charge are listed below. Remember that the circumstances of your case are unique, so the exact punishments you’ll have will vary.

• Probation: Your probation timeframe is usually anywhere from 1 to 3 years.
• Fines: Expect fines anywhere from $600 to $1,000 or more. Aggravated DUIs will have higher fines.
• Jail Time: You'll have a minimum 3-day jail sentence, but you'll realistically have 3-12 months in jail for a second DUI conviction.
• Community Service: Expect several hundred hours of service – 30 days of 8-hour volunteer days.
• Ignition Lock: You'll have to pay for an ignition interlock system installed on your car for a designated period of time.
• Alcohol and Drug Counseling: You'll see somewhere in the range of 4 months of required alcohol and drug abuse counseling.

More DUI Details

There are some additional details about DUI convictions that are worth noting.

Second DUI Conviction in 10 Years with Last Conviction More than 5 Years Ago

The Georgia courts will consider a longer-frame DUI conviction period as a first-time conviction under these circumstances. Your penalties and driver’s license suspension will work more like a first-time offense.

Second DUI Conviction in 5 Years or Less

If you are convicted a second time within 5 years, the penalties are much more significant.

Your minimum license suspension time will be 18 months. The first 4 months are known as a "hard" suspension, and this is where you can appeal to get a restricted permit to drive for work or to and from DUI classes.

Ignition Interlock Information

You will also be required to keep the ignition interlock device installed for a minimum of 12 months. After this, you can apply for an additional limited permit without the interlock device.

You cannot get an approved permit unless you follow these requirements with the ignition interlock device:

• You must complete DUI School and receive a completion certificate.
• You must have proof that you are enrolled in a treatment program for substance abuse or drug court.
• You must provide your permit eligibility to the ignition interlock company.

When to Contact an Attorney

If you are facing a second DUI charge in Atlanta, Georgia, your first order of business is to get in touch with an experienced attorney.

Part of the challenge in any legal process is knowing how to proceed. This is especially true in a situation like a second DUI charge. Many elements of the DUI procedure will play out differently the second time around. This can quickly get confusing as to what you should do.

DUI attorneys understand the legal process that can get much more complicated in instances like a second charge. They can help you figure out a plan on how to move forward.

Reach out to us if you have been arrested and charged with a second DUI in Georgia. We are ready to help you.