DeKalb County DUI Second Offense Lawyer
Being charged with a first offense DUI is very scary and the penalties can be harsh. When you are charged with a DUI second offense, it is even scarier and there is even more at stake. The penalties for a second DUI offense are even harsher so it is even more critical that you have the strong defense you need to protect your freedom. Below, our DeKalb County DUI second offense lawyer explains what you can expect from the process, the penalties associated with a conviction, and the defenses available.
The Administrative Hearing After a DUI Second Offense
If you refuse to take a breathalyzer test or you fail it, the police officer who pulled you over will seize your driver’s license. In exchange, they will provide you with a temporary driving permit that allows you to drive for 45 days. If you wish to get your driver’s license back, you must formally request an Administration License Suspension (ALS) Hearing within 30 days of the date of your arrest. During the hearing, you can defend your case and argue for your driver’s license to be returned to you.
If you do not request an ALS Hearing, you will lose your driver’s license for one year. This will happen before you even start to defend your criminal DUI case.
Penalties for DUI Second Offense
If you have been convicted of a first DUI offense within the past ten years, the next charge is considered a DUI second offense. Like first offenses, a DUI second offense is generally charged as a misdemeanor. The only exception to this is if there are aggravating factors, such as a minor child in the vehicle or you caused an accident during which someone was hurt or lost their life.
If you are convicted of a DUI second offense, you will spend a minimum of 72 hours in jail. Other penalties include:
- Up to 12 months in jail
- A minimum $1,000 fine
- 12 months of probation
- 30 days of community service
- Counseling and substance abuse treatment
- DUI School
- Driver’s license suspension
Your Driver’s License and DUI Second Offense in Five Years
If you are convicted of a DUI second offense five years after your first offense, the penalties associated with your driver’s license are even harsher. You will lose your license for a minimum of 18 months. The first 120 days are classified as a ‘hard’ suspension, meaning you will lose your license during this time without exception. After 120 days, you may be able to secure a limited permit to drive.
The limited permit will only allow you to drive to school, work, or substance abuse meetings. You will also have to install an interlock ignition device in your car, which must remain in the vehicle for a minimum of eight months. You will also have to attend and complete substance abuse counseling.
Our DeKalb County DUI Second Offense Lawyer Can Help You Avoid These Penalties
At The Spizman Firm, our DUI second offense lawyer in DeKalb County can provide the defense you need so you can avoid the harsh penalties associated with a conviction. Contact us online to schedule a consultation with our experienced attorney so we can get started on your case.
