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Atlanta Criminal Defense Lawyers > Blog > Criminal Defense > Preparing To Defend A 2nd DUI Charge

Preparing To Defend A 2nd DUI Charge


A DUI is something most people pray they don’t have to face once, let alone twice. If you were recently charged with your second DUI, you may be concerned about what implications a second charge can have. First time offenders are treated far more leniently by the court, and going through the process again with a prior criminal history can feel like a totally different experience. The good news is that in Georgia your second DUI is still considered a misdemeanor. This is good news, as felonies are far more impactful on your criminal record, but a history of multiple DUIs can still seriously limit your educational opportunities and available employment options. For this reason, it’s critical to fight this DUI charge. Many people think that since they already have one charge, they’ll just throw in the towel and accept a second as well. However, it is your right to fight the charges against you, and with the help of an experienced Georgia criminal defense attorney, there is still a good chance that you can walk away without a conviction.

Consequences of a Second DUI in Georgia

As you may know, the first time that you are convicted of DUI in Georgia it carries a minimum of 24 hours in jail, with a possible sentence of up to one year. Additionally, it carries a fine of up to $1,000, a minimum of 40 hours of community service, 12 months on reporting probation, and a mandatory DUI prevention course called the Risk Reduction Program. For a second offense, the consequences are a bit steeper. A second DUI offense in Georgia carries a minimum sentence of 72 hours in jail, with a possible sentence of 90 days to 12 months. The minimum community service required jumps from 40 hours to 240 hours, 12 months on reporting probation, the Risk Reduction Program, and a mandatory alcohol and drug evaluation followed by any recommended treatment.  A second-time offender will also face a license suspension of up to 3 years and may be required to get an ignition interlock device installed in their vehicle.

Talk to an Attorney

If you are facing criminal charges in Georgia, it’s critical to talk to an attorney as soon as possible. Mike Hawkins is Board Certified in DUI Defense as recognized by the American Bar Association.  An experienced attorney will be able to assess the facts and circumstances of your case to determine any possible bases for dismissal. For instance, if you were not pulled over legally, if there were procedural issues with the field sobriety tests performed, if any aspect of your arrest was unconstitutional, or if there have been any issues with the testing or chain-of-custody of the evidence, then you may be able to have your case dismissed. It’s also still possible, despite a previous charge, that your attorney may be able to work out a plea to a lesser charge. This is especially true if there are weaknesses in the prosecution’s case.

Schedule a Consultation

If you are facing DUI charges in Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, Sandy Springs, or the greater Georgia area, call Hawkins Spizman Trial Attorneys today to schedule a free consultation. Our lawyers will fight to ensure the best possible outcome in your case.

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