Multiple Prior DUI Convictions

If you are facing the possibility of 2nd or more DUI convictions, you need to understand the various options available to multiple DUI offenders in Georgia.

Research the Court’s DUI Court Program if You Have a Prior DUI Conviction.

If this DUI case will be a multiple DUI conviction for you, you should unquestionably consider the Court’s DUI court program. Many multiple DUI conviction cases involve significant jail possibility, but the DUI court program may be a means of minimizing a front-end jail sentence associated with your a repeat DUI conviction. DUI Court Programs are treatment-based programs that attempt to address substance abuse problems that are plaguing a person’s life. Even if you do not believe that you currently have a substance abuse problem or addiction problem, if you face a multiple DUI conviction, you must recognize that the Court and sentencing Judge will likely treat you as though you have a substance abuse or dependency problem.

Below are links to several metro-Atlanta DUI court programs:

Does Entering a DUI Court Program Mean that I Will Not Face Jail Time?

DUI court programs are intended as a means for multiple DUI offenders to engage in treatment in lieu of jail time. However, entering a DUI Court Program does not completely eliminate your possibility of incarceration. If you violate the terms of the DUI Court Program, you will be subject to sanctions and a sanction means that you will face jail time.

How Georgia Counts Prior DUI Convictions

Georgia uses two different lookback periods, and both are measured from the date of the prior arrest to the date of the new arrest:

10 years for criminal penalties. A prior DUI conviction within 10 years raises the mandatory minimum jail time, fines, and community service in the new case.
5 years for license consequences. A prior DUI conviction within 5 years triggers longer suspensions, ignition interlock requirements, and, for a third, habitual violator status.

A prior conviction from another state can count, and a plea of nolo contendere to DUI counts as a conviction for these purposes. Getting the prior record right is one of the first things we check, because a prior that falls outside the window, or that is not a valid conviction, changes the whole case.

Penalties for Repeat DUI Convictions

Second DUI within 10 years: a mandatory minimum of 72 hours in jail, up to 12 months; a fine of $600 to $1,000; at least 30 days of community service; a clinical evaluation and any recommended treatment; and probation. See second DUI offense.
Third DUI within 10 years: a high and aggravated misdemeanor, with a mandatory minimum of 15 days in jail, up to 12 months; a fine of $1,000 to $5,000; and at least 30 days of community service.
Fourth DUI within 10 years: a felony, punishable by one to five years in prison and a fine of $1,000 to $5,000.

What Happens to Your License

A second DUI conviction within five years brings a longer suspension, and getting back on the road early generally requires an ignition interlock device. A third conviction within five years makes you a habitual violator, which means a five-year revocation, with a probationary license possible only after a waiting period. Driving while declared a habitual violator is a felony. The administrative license suspension case also runs separately, and a prior ALS suspension within five years makes the new one longer. Drivers with a prior DUI in the past five years are not eligible for the refusal ignition interlock permit.

Defending a Repeat DUI Charge

A prior conviction does not make the new case any easier for the State to prove. The same defenses apply: the reason for the stop, how the field sobriety tests were given, whether the breath test or blood test is reliable, and whether the implied consent notice was read correctly. Issues are raised at a motions hearing, and a strong motion can lead to a reduction to a non-DUI charge. That can avoid the repeat-offender penalties entirely. If the evidence is strong, DUI court and early treatment can make a real difference at sentencing.

Do You Have Questions About a Multiple DUI Case?

If you have questions about what you should do in a case in which you have a prior DUI conviction, contact Sessions & Fleischman today for a free consultation at (470) 225-7710. You can also read more about the Georgia DUI process and our Georgia DUI defense practice.