2nd Time DUI Charge in Atlanta
In Atlanta, any DUI arrest can lead to serious penalties. However, if you already have a previous DUI conviction on your record, you will likely face additional punishments. If you have been arrested for a second time DUI, please consult with a qualified attorney immediately.
Penalties for a 2nd Time DUIUnder Georgia law, the DUI look back period is ten years. If you have been convicted of a DUI in the past ten years, and are now facing a second DUI charge, your penalties could include:
- Up to a three year suspension of your driver's license;
- Enrollment in an alcohol education program along, at your expense;
- Heavy fines and significant reinstatement expenses;
- Required probation;
- At least 72 hours in jail, and possibly up to one year of jail time; and
- The mandatory installation of an ignition interlock device in your car.
Defending a 2nd Time Georgia DUI ChargeA proper DUI defense will always be tailored to the individual circumstances of your case. Your defense attorney will look to review the evidence against you, how that evidence was obtained, and your prior criminal history. When defending a 2nd time DUI charge, it is especially important to aggressively fight the charge. Broadly speaking, your DUI defense strategy will fit into three categories:
1. Your rights: A Georgia police officer may not pull you over without 'reasonable suspicion' that a crime was being committed. If there was no probable cause to stop you, any evidence that was discovered after that point can be thrown out. Without evidence, the prosecution will not be able to prove a case against you.
2. The evidence: Even if the evidence was collected in a proper manner, it still might not be reliable. In fact, all too often, the state attempts to use flimsy evidence to obtain DUI convictions. In some cases even the results of a breathalyzer test can be called into question. Ultimately, a DUI conviction requires that the evidence proves your guilt beyond a reasonable doubt.
3. Reduced punishment: In some DUI cases, the best defense strategy is focus on the reducing your punishment. Your DUI defense attorney will need to speak to you, and comprehensively review your case, to determine if this makes sense for your situation.
You Need A DUI SpecialistOf course you want an attorney who has experience handling Atlanta DUI cases; but what does 'experience' actually mean? Would it make you comfortable to know that your attorney handles one or two DUI defense cases every year? For most people, that type of experience falls far short of their expectations. You should always look for a DUI specialist who has deep familiarity with the criminal process. Further, you will want an attorney who will give you personalized representation. Try to find an attorney who will offer you a free initial case evaluation so that you can get a better feel for their ability to protect you. You need to act quickly. A 2nd time DUI conviction is a very serious offense and your freedom is at stake. If you have been arrested for drunk driving in Atlanta, you need to contact a qualified DUI defense attorney today.