It is a fact, when you are facing a criminal charge in Georgia your history matters. Often times, punishments are more severe if you have a criminal history that can be used against you. Often times this history means that you can be punished more severely for the same type of conduct. The DUI laws in Georgia are clear - if you have more than one DUI in a ten year period the punishments are harsher. A second DUI in ten years has very clear implications.
If someone is convicted for DUI for a second time in ten years the law outlines what the minimum punishments are. For a second conviction of DUI in ten years the minimum punishments are: a fine between $600 and $1,000 dollars, a period of jail not fewer than 90 days with a minimum 72 hours of actual jail time, not fewer than 30 days of community service, completion of a DUI Alcohol or Drug Use Risk Reduction School, a clinical evaluation, and a period of probation of at least 12 months.
When looking back to see if someone has a previous DUI in the ten year period the prosecutor looks at the dates of previous arrests for DUI for which convictions were obtained or pleas of nolo contendere were accepted to the date of the most current arrest. In short, the ten year period looks back to when someone was arrested for Driving Under the Influence previously.
These are just the minimum punishments that someone can face. Many counties in Georgia have special programs called "DUI Courts", and if someone has a second DUI in ten years the State may recommend that person enroll in that program as a part of their sentence. There are also implications to someone's driver's license if they get a second DUI in ten years. An attorney with knowledge of DUI laws can provide more information about just how a license can be impacted by a second DUI in ten years.
At Spence & McPeek, LLC we have represented clients who have been charged with a second DUI in ten years. If you or someone you know is in this situation please give us a call today at 404-236-6060 to speak with an attorney today about your specific facts.