Gwinnett County DUI Second Offense
If you are facing a second driving under the influence offense in Gwinnett County, you are probably already aware of the serious penalties you are facing. You know that Georgia Courts take a tough stance on drunk drivers, and are probably afraid of the severe sentence you may receive upon a second conviction. At this time, you need an experienced DUI lawyer on your side that will fight to win your case so you avoid serious penalties.You may be afraid that it is harder to beat a Gwinnett County DUI second offense than a first offense. Please rest assured that this is not the case. While the stakes may be higher, if the prosecution lacks sufficient evidence to prove that you are guilty of drunk driving beyond a reasonable doubt, you may be able to win your case.
Unless there are extenuating circumstances, a second drunk-driving offense is classified as a misdemeanor. For a second offense conviction within ten years, you could be sentenced to a jail sentence of 90 days to 12 months in jail. The judge has the option to suspend a portion of this sentence, but you must serve a mandatory minimum of 72 hours in jail, if convicted.
You may be ordered to serve 12 months of probation, though this time may be reduced if any jail time was served. Fines for a second offense range from $600 to $1000, in addition to a 15%-25% statutory surcharge. A minimum of 30 days of community service may be ordered in addition to attendance of drug and alcohol education classes, clinical evaluation, and treatment.
The court may order you to surrender your license plates after a second DUI conviction. If a family member co-owns your vehicle, or is dependent on it for school or work, you may be eligible to apply for a hardship license. You may also be required to pay to have your photo, name, and address published in your local newspaper.
A second offense carries a three-year driver’s license suspension. While 12 months are a “hard” suspension, meaning absolutely no driving, you could be eligible for a limited permit after completing a DUI and Drug Use Risk Reduction program and installing an ignition interlock device in your vehicle. You may be eligible to reinstate your full driver’s license after 18 months upon completion of a 17-week alcohol treatment program and clinical evaluation.
Contact Attorneys at HTW&W to fight your Gwinnett County DUI second offense. They are available 24/7 to answer any questions you may have.
