If you have been charged with a second driving under the influence (DUI) offense in Atlanta, you could potentially face harsh penalties and punishments. These repercussions can include, but are not limited to:
- Jail term
- Driver’s license suspension,
- Mandatory minimum fines,
- Community service hours,
- A possible criminal record, and/or
- Completion of a DUI course.
Additionally, a second DUI conviction can result in secondary repercussions, such as an inability to pursue certain professions or occupations, ineligibility to receive certain types of governmental assistance and/or a refusal to be admitted to certain graduate school and college programs.
Atlanta Second DUI Lawyer
If you have been charged with a second drinking and driving offense in Atlanta, or any of the surrounding areas in Georgia, including Roswell, Smyrna, Lawrenceville or Marietta, contact Benjamin Von Schuch, Attorney at Law. Benjamin Von Schuch is a former prosecutor who knows and understands how the prosecution’s DUI case is being prepared against you and will make every effort to fight the allegations against you. Call today for a free consultation at (678) 948-7811 about your alleged second drunk driving offense.
Second DUI in Georgia
As defined in O.C.G.A. § 40-6-391, an individual can be charged with a second driving under the influence offense if they drive or are in actual physical control of any moving vehicle while under the influence of:
- Alcohol, to the extent it is less safe for the person to drive;
- Drugs, to the extent it is less safe for the person to drive;
- Any glue aerosol or other toxic vapor, to the extent it is less safe for the person to drive;
- Any combination of alcohol or drugs, to the extent it is less safe for the person to drive
- Alcohol and their blood or breath alcohol concentration level is .08 grams or more up to three hours after driving; or
- Marijuana or controlled substance, if present in the driver’s blood or urine, without the presence of alcohol.
An individual must have been previously convicted of any of the following DUI-related offenses in order to be charged with a second DUI offense:
- First DUI,
- Underage DUI,
- DUI Drugs,
- Vehicular Homicide,
- DUI with Serious Bodily Injury, and/or
- DUI with Property Damage.
Actual Physical Control in Atlanta
An individual must have actual physical control (APC) of a vehicle in order to be arrested and charged with a DUI in Georgia. The state prosecutor must prove this element, in addition to proving the driver is less safe to drive due to the consumption of alcohol or drugs, or the driver had a BAC over the legal limit of .08, in order to convict the driver of DUI.
When an individual has actual physical control of a vehicle, they are usually in the vehicle with the ability to drive the vehicle, the vehicle is capable of being driven, and the driver had the key in the ignition or close enough to start the ignition. Therefore, an individual does not have to actually be driving the vehicle in order to be charged with a second DUI offense, but they do have to have the ability and capability to operate the vehicle.
Alcohol Concentration Level in Georgia
Georgia’s legal limit or legal blood-alcohol level is .08%. This level is the maximum amount of alcohol an individual can have in their blood before being charged with per se DUI. An individual will automatically be arrested for per se DUI if they are over the legal limit, no matter how sober the driver appears or how capable they are of driving. This level is usually very low and can occur after a driver has had only one or two drinks, depending on their weight, gender, amount of food they have eaten and how much sleep they have had.
Georgia measures one drink as:
- One 12 ounce beer, or 4.5% alcohol by volume (ABV),
- One1.5 ounce shot of 80 proof liquor (40% ABV), or
- One 5 ounce glass of wine (12% ABV).
Even if a driver does not have a blood or breath alcohol concentration level over the legal limit, they can still be charged with drinking and driving if they are in actual physical control of their vehicle and less safe to operate the vehicle than a normal driver.
Penalties for a Second DUI in Georgia
According to O.C.G.A. § 40-6-391(c), a second DUI offense is typically punishable as a misdemeanor offense. This can result in the following penalties:
- A fine between $600 and $1,000,
- 90 days to 12 months imprisonment,
- 30 days of community service,
- DUI Alcohol or Drug Use Risk Reduction Program,
- Probation, and/or
- A clinical evaluation.
An individual who is convicted of a second DUI offense within five years of the preceding offense could also face a driver’s license suspension for a period up to three years, according to O.C.G.A. § 40-5-63. The individual may be able to apply to have their licenses reinstated after 18 months if they provide proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pay a reinstatement fee between $200 and $210.
Benjamin Von Schuch | Georgia Second DUI Attorney
Contact Benjamin Von Schuch today for a consultation about your second driving under the influence of alcohol or drugs offense throughout Fulton County in Georgia. Benjamin Von Schuch is an experienced DUI lawyer in Atlanta who will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Call (678) 948-7811 for a consultation about your second DUI charges throughout Fulton County in Georgia and the surrounding counties of Cobb County, DeKalb County, Clayton County and Gwinnett County.