Facing your second DUI offense

Don't let a second DUI charge derail your life. We will work closely with you to understand your side of the story and make sure your rights are protected every step of the way. We will help you fight for your rights and protect your future.

Second DUI consequences in Georgia

Facing a second DUI can bring about a whirlwind of concerns and uncertainties, especially when considering the potential consequences of a second conviction. You may be feeling overwhelmed and apprehensive, and it’s essential to recognize the unique challenges you’ll face, as well as the importance of obtaining the right advice and guidance from your team.

One immediate concern is for drivers who are still on probation for the first DUI. If you’re currently on probation, you’ll likely worry about what will happen when your probation officer learns of the new charge and whether there are ways to avoid a probation warrant. This scenario is among the most serious and immediate consequences for drivers facing a second DUI charge.

Another significant concern is the possibility of jail time if convicted for DUI. Prosecutors are more likely to demand longer jail sentences for second-time offenders. Instead of merely facing a few days in jail, some will be looking at weeks or even months of incarceration, turning the consequences from manageable to disastrous.

A second DUI arrest also makes it more challenging for judges to make discretionary decisions in your favor. The judge in your new case may be less inclined to approve a deal she deems too favorable given the prior arrest.

Moreover, the repercussions of a second DUI arrest can be life-changing due to the increased involvement of the government in your life. In addition to probation, you’ll face harsher license consequences than with a first offense. A second conviction within ten years will result in a mandatory jail sentence, which can range from 72 hours to twelve months. While first-time DUI offenders may be eligible for the refusal ignition interlock option, this is unavailable for those facing a recent second charge. Furthermore, a potential hard license suspension of 120 days or more could leave you unable to drive for an extended period.

Drivers may be required to surrender all vehicle tags (license plates) and have their mug shot published in the local newspaper.

Treatment will likely be a significant part of the resolution if you’re convicted, as courts prioritize rehabilitation.

If your arrest involves an accident, you may face a civil lawsuit with increased damages. If you’re going through a divorce, a second DUI charge could exacerbate disagreements with your ex-partner.

In light of these unique concerns and potential consequences, it’s crucial to seek the support and guidance of an experienced DUI legal team. They can help you navigate the process, protect your rights, and work towards the best possible outcome for your case. By understanding the challenges you’re facing and acknowledging the importance of obtaining expert legal advice, you can take the necessary steps to address your situation and mitigate the impact on your life.

Jail Time and Fines

Jail time is typically required for a second DUI in Georgia, and a conviction can result in a sentence of anywhere from three days to one year. The specific sentence you may receive can depend on the details of your case, as well as the usual practices of the court in which you are charged. Some courts may impose the minimum sentence of three days, while others may offer longer sentences, such as six months in jail, as a starting point for negotiations. In addition to jail time, you may also be placed on supervised probation for a minimum of 12 months and be required to perform at least 240 hours of community service. You may also be required to pay fines ranging from $600 to $1000, plus court costs.

License Suspension

If you are arrested for a second DUI within five years in Georgia, you may face a one-year hard license suspension. After the first 120 days of this suspension, you may be eligible for a limited permit if you had a Georgia license at the time of your DUI conviction and are enrolled in a recognized, 17-week drug and alcohol treatment program. You will also be required to install an ignition interlock device (IID) in your vehicle, which prevents your car from starting unless you blow into a box that measures your BAC. You will be responsible for paying for the installation and service fees for the IID. These timeline stipulations apply to license suspension following a second DUI arrest in Georgia.

Additional Penalties

There are additional consequences for a second DUI within five years in Georgia that may impact your life and daily routines. These consequences can include having to surrender the tags (license plates) of any vehicles registered in your name, having your photo published in the local paper announcing your arrest, and being strongly encouraged to enter a county’s DUI Court Program, which is a two-year court-supervised treatment program. The DUI Courts are designed to help people stop drinking and take control of their lives, but the program can be rigorous and inflexible, with strict requirements and limitations on travel. It is important to note that these programs can be costly and may not allow you to travel without prior permission, which can make it difficult to attend without a license. These are some of the additional consequences you may face following a second DUI within five years in Georgia.

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Criminal defense for second DUI in Georgia

It’s important to be aware that the consequences of a second DUI charge in Georgia can vary significantly from one court to another. Some courts may impose the minimum sentence of three days in jail, while others may offer longer sentences as a starting point for negotiations. This is why it’s not always helpful to rely on the experiences of friends or relatives who have been arrested for a second DUI. Without qualified legal representation, you may feel unprepared and pressured to make decisions about your case without fully understanding your options.

To protect your rights and achieve the best possible outcome in your case, it’s important to find an experienced criminal defense attorney who can challenge the prosecutor’s case every step of the way. Attorney Erin Gerstenzang at EHG Law Firm can help you understand your options and work with you to achieve the best possible outcome for your case. Contact us to schedule a consultation and discuss your pending charges.

What it's like to work with Erin

Highly recommended!

Erin is confident, competent, knowledgeable, responsive and proactive. These are the key qualities I was looking for in an attorney. She was able to answer all of my questions and managed my expectations – while I was weighing my options. I ultimately decided to take my DUI case to trial and the ruling was in my favor, icing on the cake! If you are looking for legal representation, I strongly recommend consulting/hiring Erin.

DUI

If you are definitely looking for a lawyer that would represent you because they have your best interest at heart, Erin is the right person for the task. Not only would she explore and exhaust all options for your case, but she would guide you and give you feedback. She is excellent , knowledgeable, experienced and friendly. I was facing DUI and I had priors before, Erin was able to fight on my behalf and secure a favorable outcome in my case.

Best Attorney – who can empathize, understand your problems & finds best way to get you out of it – got all my charges dismissed

I was looking for an attorney who could understand my case, who will be able to effectively fight for me and get the best outcome. That’s exactly what Ms. Erin did. She got to drop all the charges including reckless driving and also got my arrest to be restricted. I highly Recommend Ms. Erin.

Great Lawyer!

Erin was amazing to deal with from start to finish. She really knew what she was doing and knew her way around the courthouse and prosecutors so that we could get the best result possible. She was very professional and communicated things to me very quickly and easily. She helped me out of a somewhat major traffic violation with only a fine. I would highly recommend her to anyone.

Stellar Lawyer

I hired Attorney Erin regarding traffic; I was so impressed with her thoroughness engagement and professionalism. She was able to get the largest charge dismissed and I paid a fine for the lesser charge. She was engaged and caring. I always knew what was going on and her prices were very reasonable. This is the lawyer to trust!

Erin saved me time, money and a whole lotta tears

Erin is top notch and made everything easy + seamless when I was feeling very frustrated and upset. I got a speeding ticket in Brookhaven and was not only thrilled with the result she achieved, but also how quickly she helped me.

As an attorney myself, I thought about handling the ticket on my own. I’m so glad I didn’t! She got me a better result than I ever could have imagined in no time. Get off the fence and contact her if you want this weight lifted off your shoulders.

Pleasant, effective and efficient – thanks Erin!

I wanted the best possible legal outcome and Erin also came highly recommended through another lawyer. She was 100% worth it. Without getting into specifics, I would not have managed the same outcome if I appeared in court on my own. She knew the system, the judges, the court, etc and was extremely timely in her communications and follow-up in the lead up to my court date. Hiring was simple (electronic documents and payment); we communicated over calls and texts, without me having to meet her till the morning of my court date. She was patient in answering all of our questions and explained the legal scenarios clearly. So glad we hired her given the peace of mind and result. Thank you Erin!

Absolutely the best, kindest, most upfront and caring attorney I have come across!

I called Erin for a simple consultation, and WOW, the wealth of knowledge the gave me was enough for me to go into court and represent myself effectively! She is not a crook or a scam artist out to take advantage of you, she genuinely cares about you and wants you to come out victorious, whether you do or do not use her. I highly recommend her, because not only is she sweet, kind and caring, she is upfront, honesty and to the point – exactly what a lawyer should be! She is definitely an asset to the Atlanta area attorneys and to any client who should choose to use her! There is no better option.

Great Traffic Lawyer

I’ve been a lawyer long enough to know that traffic court, especially in the City of Atlanta, is a very specialized practice. Accordingly, when our son was involved in a minor traffic accident, and we did not want to have to submit to the Atlanta Traffic Court’s “Pre-Trial Intervention-Traffic” scam, we reached out to Erin to handle it. Through her knowledge of the system, the solicitors, and the judges, she got us a great result, which was certainly much better than we could have achieved on our own.

I highly recommend her.

Fantastic lawyer, best possible outcome for the case

Erin was hired for a DUI case involving prescription medication. What made the case difficult was because of certain medical issues the client was not able to participate in his own defense. Erin had to think outside the box in representing the client, which she did with great compassion and success. She did a wonderful job of keeping us informed of her plans for representation and was always available to speak to us when necessary.

In our experience Erin really went to bat for her client. If you need legal representation in this area she is the best.

Very Impressed

I was referred to Erin through my older cousin who had used her in the past for a DUI case. This was my second DUI so he recommended her as one of the best in Dekalb county. My case was a very peculiar one and there were a lot of factors involved because it involved DUI, Hit and Run and Equipment violation. Erin was able to get all my charges dropped and only have the Equipment violation. I am THOROUGHLY pleased with the gracefulness and professionalism that Erin upheld throughout the entire process. She never seemed defeated or became flustered no matter what new evidence presented itself. She was very knowledgable and I Would definitely recommend her to anyone dealing with DUI or any other criminal offense.

Really Really Great Attorney

Let’s start by saying I was charged with D.U.I ; Marijuana possession; Single car accident on a major highway here in Atlanta; & Refused sobriety test. It didn’t matter Mrs.Gerstenzang went to work had charges reduced to Wreckless Driving with a reduced fine. No headaches of D.U.I classes, no drug evaluation; no probation.

She was Awesome! I would recommend her to represent you. Trust me.

Erin Saved My License!!!

I was arrested for DUI in July, and it was a very scary and stressful time. Erin was able to turn all of that around for me.

The video of my arrest was terrible…after watching what I could stomach, it was apparent that Erin had her work cut out for her. My case was very complicated, and there were several factors that made it difficult to win. In court, it was very clear that Erin is highly respected among her peers. Erin was able to guide me through this tough time, while keeping my driving status in tact, not to mention avoiding jail time! I appreciate Erin’s hard work and dedication.

Amazing Lawyer Hands Down!

Erin deserves nothing less than five stars for her intelligence, commitment, passion, and success as a lawyer. With such an abundance of passion for her practice, Erin is one of the best lawyers in town. She is caring, and can move mountains for clients. Whether I needed help day or night, she was always there for me. Law is not just a job for Erin, but it is a passion and a part of her life. Her success in her cases shows her dedication to her clients. I would recommend Erin in a heart beat to anyone who is looking for a lawyer who not only cares about winning a case, but cares about the clients future. I don’t know what I would of done without Erin by my side supporting and representing me.

The best call I ever made

I found myself in a bit of a bind and needed someone that knew the system and could respond quickly. Erin turned on a dime to get me out of the immediate situation I was in and then worked with me to resolve the larger issues with in a month. I have her number in my cell phone and gave it to my family and friends so they know who to call if something goes wrong.