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I was charged with a dui at .075 today but still have an open case for a dui 7 months ago at .095 what do I expect?

Lawrenceville, GA |

Does that new dui count for a 2nd dui even though its under the legal limit? I didnt have to give up my license so what happens now?

I havent been put on probation or ever appeared beyound arraignment for the first dui. Its going to be heard at state court both are from lawrenceville, ga

Attorney Answers 4


  1. They did not take action against your license because you blew under the legal limit. Even though you are below the legal limit the state can still try to prosecute you, ad they may since you already have one pending. However, you need to fight both charges because those both could be winnable cases.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.


  2. The second one still counts as a dui if you get convicted or plead guilty.
    With a .075 you should have a good shot at fighting that one. You may also
    have some good arguments on the .095 case. Don't give up on either case
    without talking to a good dui lawyer.

    --Zach Procter
    Sent on my Droid phone. Please excuse any typos or autocorrect errors.


  3. It's not a second DUI offense unless or until you are convicted or plead guilty to DUI.


  4. You can expect that the .095 case will file a motion for similar transaction and use the later case against you and vice versa. Without knowing more of the facts on the .075 there is no way to predict what you should expect because although you are under the limit the state can still proceed on a DUI Less safe and toss the number or you could have terrible driving and look bad on video. In any event you need a lawyer.

    The advice provided does not in anyway create a lawyer-client relationship and is for general information purposes only.

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