Atlanta Second DUI Offense Attorney
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Your first DUI can carry serious penalties. Driving under the influence of drugs or alcohol makes you a danger to yourself and everyone on the road with you. Georgia has strict penalties for drivers convicted of DUI, including fines, jail time, and license suspension.
A second DUI offense raises the stakes substantially.
If you received your second DUI charge, you need a qualified, experienced lawyer to represent you and prevent you from facing more severe penalties. Contact Schnipper Law, P.C., today at (404) 545-5845 to schedule a free consultation and evaluation of your case.
A Second DUI Can Increase Consequences
Georgia law imposes stiffer penalties for a second DUI than the first one. With your second DUI, you may face:
- A minimum of 72 hours and a maximum of one year in jail. The length of time you spend in jail may depend on a variety of factors related to your conviction; however, after a second DUI conviction, you will almost certainly face at least a few days in jail.
- Further limitations on your license. For a first offense in Georgia, you will typically lose your license for a year. Often, first-time offenders can petition to have their license reinstated after 120 days and completing an approved alcohol and drug treatment program. For second-time offenders, however, license suspension may last up to three years. In some cases, after completing the qualified alcohol and drug treatment program, second-time DUI offenders may have their license reinstated in 18 months. But, they may have responsibility for installing an ignition interlock device on their vehicles that will measure their BAC before allowing you to drive.
- Fines and fees. In Georgia, the penalty for a second DUI starts at $600 and may reach as high as $1,000 depending on your circumstances.
In addition to the legal consequences you face for a second DUI, you may face several private consequences, as well. Your insurance rates may increase substantially, or you may struggle to find an insurance company that will offer you insurance, especially if you were involved in an accident while driving under the influence. Since the DUI will go on your driving record, you may struggle to obtain certain types of employment or even lose your job. You cannot receive a limited permit for a commercial driver’s license, which means that if you drive for a living, you may need as much as three years before you can return to your job after a second DUI.
Each DUI case has its own unique factors, including your BAC, how recklessly you were driving at the time of the incident, whether your reckless driving ended in an accident, and who suffered injuries because of your decision to drive under the influence. Having passengers in the car at the time you get stopped, especially minor passengers, may also increase the penalties you will suffer after a DUI.
How Can an Experienced Lawyer Help?
If you suffer DUI charges for your second DUI, an experienced lawyer can help reduce the consequences you face and make it easier for you to navigate the court system. You will often see a big difference between a court-appointed lawyer and an experienced private defense attorney who has the time and resources to help you protect your freedoms, reduce the consequences associated with your second DUI, and, if possible, prove your innocence.
An experienced DUI lawyer understands the ins and outs of the law. Did the police officer who pulled you over have reason to suspect you were driving under the influence? Georgia law carries an implied consent clause that states you must submit to a Breathalyzer test if arrested on suspicion of DUI. If a police officer had no justifiable reason to pull you over, however, the Breathalyzer test may have been administered unlawfully. If the officer administered the test unlawfully, the court may throw out the results of your Breathalyzer test.
An experienced DUI lawyer will show up in court to fight for you. If the arresting officer does not show up in court, you may not suffer penalties for DUI accusations. Your lawyer, on the other hand, will show up in court to fight for you and your rights.
An experienced lawyer can help show why you deserve leniency. In addition to the criminal penalties associated with your second DUI, you also face losing your driving privileges for up to three years. You can, however, request an administrative hearing at which you can seek reinstatement of driving privileges so that you can take care of important daily tasks, such as:
- Transporting yourself or your children to and from school as needed.
- Transporting members of your family, including yourself, to receive needed medical care or to pick up prescription medications.
- Driving to and from work each day or completing regular work tasks. Note that completing work tasks does not apply to a commercial license.
- Driving to and from any tasks required by the court, including attending drug and alcohol treatment, completing community service, or making it to appointments with your probation officer
A provisional license may limit the routes you can take and the hours you can drive. It may also require you to install an ignition interlock device on your vehicle to ensure you never get behind the wheel after having consumed alcohol. In other words, a provisional license isn’t perfect. But, it can reduce some of the hardship associated with your DUI charges. An experienced lawyer can fight on your behalf for reasonable accommodations on this limited permit.
Why You Want Schnipper Law, P.C., if You Are Charged With a Second DUI in Atlanta
Even the most experienced lawyer cannot guarantee that they will win your case and prevent you from suffering the consequences associated with your second DUI. An attorney can, however, help protect your rights and mitigate the impact of a conviction. At Schnipper Law, P.C., we have extensive experience with DUI charges, including defendants on their second DUI. If you need legal assistance fighting your second DUI and limiting the consequences you face to protect your freedoms, your finances, and your family, contact us today at (404) 545-5845 or email us to schedule your free evaluation or to start planning your legal defense.