Gwinnett County DUI Second Offense Lawyer
A second DUI in Georgia is much more severe than a first-time arrest. Defendants face harsher penalties and less forgiving prosecutors who now see you as someone with a likely substance abuse problem. Reach out to The Spizman Firm to speak with a Gwinnett County DUI second offense lawyer. Our firm is ready to jump in and protect your freedom, but you will benefit from hiring us soon after arrest.
Increased Penalties for a Second Offense
Georgia’s look back period is 10 years. If you have a prior DUI within this period—even from a different state—then your current arrest is considered a second DUI offense. Defendants will face:
Minimum 90 days in jail, with a maximum 1-year sentence possible;
- Minimum $600 fine, with additional surcharges;
- Community service;
- 3 years of probation;
- 1 year license suspension;
- Completion of a drug and alcohol risk reduction program;
- Administrative license suspension.
And those are only the legal penalties. A second-time offender will experience skyrocketing insurance premiums for several years, as well as potential job loss. Furthermore, employers or anyone else who pulls your criminal history will now see you have multiple DUIs to your name.
Don’t leave your case to chance. Hire an experienced Gwinnett County DUI second offense lawyer to represent you in court and at the administrative license suspension hearing.
Can You Beat the Charges?
It is best to confront the charges head on and hire an attorney who understands the evidence in these cases. Defendants can strengthen their hand by not giving statements to the police or answering their questions on the way to being booked.
At The Spizman Firm, we treat each case on its own merits and try to identify weaknesses in the state’s case. Some possible defenses we can raise include:
- You weren’t impaired. If you didn’t give a breath or chemical test, then your case hinges on the police officer’s testimony of your behavior, including performance on field sobriety tests. But these tests are often unreliable, and you might fail the one-leg stand because you were tired or terrified of traffic whizzing by only inches away.
- The officer had no reasonable suspicion to stop you. Officers can’t throw on the lights and pull over anyone motorist they want. They need clear reasons to infer that criminal activity is afoot. On the stand, an officer might be unable to articulate why they stopped you, so the entire case might be unconstitutional.
- The state failed to disclose exculpatory evidence. Some prosecutors are so zealous they fail to turn over all evidence to the defense. We can ask a judge to dismiss the charges.
- Reasonable doubt. The state has a high bar in DUI cases, just as they do in other criminal cases. We might explain how breathalyzer results are unreliable.
It is also possible to negotiate a favorable plea deal, even for a second DUI. The prosecution might wish to avoid the headaches of a trial and agree to reduce charges to reckless driving or a different, lesser offense.
Schedule Your Free Consultation
A Gwinnett County DUI second offense lawyer can meet privately to review your criminal history and the possible penalties you face. Contact us today.
