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Sessions & Fleischman, LLC

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470.225.7710

  • Home
  • About
    • About
    • Ben Sessions
    • Andrew Fleischman
    • Locations
      • Atlanta, GA Office Location
      • Macon, GA Law Office Location
      • Columbus, GA Office Location
      • Milledgeville, GA Office Location
    • Areas We Serve
      • Albany
      • Americus
      • Atlanta
      • Bartow County
      • Bibb County
      • Brookhaven
      • Centerville
      • Chatham County
      • Chattanooga
      • Clayton County
      • Cobb County
      • Columbia County
      • Columbus
      • Coweta County
      • DeKalb County
      • Doraville
      • Douglas County
      • Dublin
      • Fayette County
      • Gray
      • Griffin
      • Gwinnett County
      • Hall County
      • Hawkinsville
      • Henry County
      • Hinesville
      • Houston County
      • Jackson County
      • LaGrange
      • Lowndes County
      • Macon
      • McDonough
      • Milledgeville
      • Muscogee County
      • Newton County
      • Paulding County
      • Perry
      • Pooler
      • Richmond Hill
      • Roberta
      • Rockdale County
      • Savannah
      • Walker County
      • Walton County
      • Whitfield County
  • Practice Areas
    • Personal Injury
      • Car Accidents
      • Motorcycle Accidents
      • Truck Accidents
      • Slip-And-Fall & Premises Liability
      • Pedestrian Accidents
      • Bicycle Accidents
      • Elder Abuse
      • Product Defect Attorney
      • Defective Product Injuries
      • Negligent Security
      • Wrong Prescriptions
      • Wrongful Death
    • DUI Defense
      • 2nd DUI Offense
      • DUI Drug Offense
      • Child Endangerment DUI
      • License Suspension
    • Criminal Defense
      • Drug Charge Defense
      • Sex Crime Defense
      • Domestic Violence
      • Probation Violation
      • Vehicular Homicide
    • Appeals
    • Post-Conviction Relief
    • Workers’ Comp
      • Calculating Workers’ Comp Payments
      • Fall at Work
  • Testimonials
    • Case Results
  • Resources
    • Resources
    • Preparing for Our Meeting
    • Personal Injury Resources
      • Health Insurance Reimbursement
      • Personal Injury Blog
      • Attorney for Back Injuries
      • Spinal Cord Injuries
      • Nerve Damage
      • Attorneys for Broken Bones Caused by Accidents
      • Brain Injury
      • Scarring
    • Car Accident Resources
      • Injuries Caused by Distracted Drivers
      • Injuries Caused by Drunk Drivers
      • Injured by a driver following too closely?
      • Most Common Car Accident Causes
      • Do I Need a Lawyer for My Car Accident Case?
      • Car Accident Blog
      • Step-By-Step Car Accident Guide
    • DUI Defense Resources
      • DUI Defense Blog
      • Georgia DUI Process
      • The “Walk and Turn” Test in DUI Cases
      • The Eye Test
      • Your Driver’s License After a DUI Arrest
      • License Suspension in A DUI Case
      • Ignition Interlock Permit
      • Importance of Your Driving in Your DUI Case
      • Your Criminal Record & a DUI
  • Contact Us Now

2nd DUI Offense Attorney

2nd DUI Offense Attorney

The penalties imposed for conviction of a 2nd DUI offense within a ten-year period of time are set by O.C.G.A. § 40-6-391. The 10-year lookback period is measured from the date of the prior arrest for which you were convicted or for which you entered a nolo contendere plea to the date of the current arrest if you are convicted of DUI or enter a nolo contendere plea to the DUI charge.

Possible Penalties for a 2nd DUI Conviction

For a 2nd DUI conviction (or nolo contendere plea) within 10 years, the following penalties must be imposed:

  • A fine of not less than $600.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;
  • A period of imprisonment (jail) of not fewer than 90 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 72 hours of actual incarceration;
  • Not fewer than 30 days (240 hours) of community service;
  • Completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days following his or her conviction; provided, however, that if the defendant is incarcerated and such program cannot be completed within 120 days, it shall be completed within 90 days of his or her release from custody. The sponsor of any such program shall provide written notice of the Department of Driver Services’ certification of the program to the person upon enrollment in the program;
  • A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and
  • A period of probation of 12 months less any days during which the person is actually incarcerated;

Prior DUI Convictions in Atlanta

A prior DUI conviction does not necessarily play any role in the actual determination of whether you are guilty of the pending DUI charge. If a prior DUI conviction is to play any role in the determination of guilt in your current DUI case, the prosecutor must comply with the evidentiary rules governing the admissibility of prior bad acts (similar transactions). What they means is that the prosecutor must bring in the officer from the prior DUI in order to introduce that evidence in the current DUI case. Even when the State is successful in introducing evidence of a prior DUI, it is important to recognize that we can frequently effectively address the lack of relevancy of the prior case to the determination of whether you are guilty of the current DUI charge. However, even if the State is unsuccessful in introducing evidence of a prior DUI offense in the trial of your current case, the State can frequently use it for the enhancement of your sentence – whether or not you are convicted of the DUI charge.

One of the foremost concerns that many people facing a 2nd DUI charge worry about is whether they will face considerable jail time if they are convicted. This is obviously a legitimate concern, and while I believe that we can effectively mitigate possible punishment in many cases, below are some of considerations that we must be aware of in evaluating whether considerable jail is a real possibility in your case:

  • How recent was the prior DUI conviction?
  • Are you currently on probation?
  • Were you convicted in the same court in which your current DUI case is pending?
  • Are you willing to take aggressive preemptive treatment actions?
  • Are there aggravating considerations in the current case, such as cursing at the arresting officer?

Contact Sessions & Fleischman for an Atlanta 2nd DUI Offense Lawyer

For help with a 2nd DUI conviction, contact a DUI attorney at The Sessions Law Firm, LLC to help with your case. We’re here to make sure you have the most professional at all times.

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Atlanta, GA 30305

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Macon, GA 31201
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