Atlanta DUI – Second Offense
Second Conviction (Within 5 years)
A plea of nolo contendere shall be considered a conviction.
Suspension
License/Privilege to drive suspended for 12 months from the date of conviction.
Upon any person’s second or subsequent conviction of DUI within five years, as measured from date of arrest to date of arrest for which convictions were obtained, the court shall:
Issue an order requiring that the license plates of all motor vehicles registered in such person’s name be surrendered to the court;
Notify the Commissioner of the Department of Revenue within 10 days after issuing any such order, and the Commissioner of the Department of Revenue shall revoke each such license plate upon receiving such notice.
Issue a receipt for the surrendered license plate or plates. The court shall forward the surrendered license plate or plates to the local tag agent immediately upon receipt, in accordance with O.C.G.A. §40-2-136;
Order, as a condition of probation, that defendant shall have installed and shall maintain in each motor vehicle registered in his/her name a functioning, certified ignition interlock device throughout the applicable six-month period prescribed by subsection (b) of O.C.G.A. §42-8-112: the 6-month period following the 12-month hard suspension from the date the defendant’s most recently issued license was surrendered to the court, to DDS, or the conviction was processed by DDS.
The court may exempt the person from the requirement to have an Ignition Interlock Device in “each” motor vehicle registered in such person’s name based upon the court’s determination that such requirements would subject the person to undue financial hardship. However, the court exempting the person from maintaining an ignition interlock device in “each” vehicle registered in such person’s name shall order such person to install and maintain in any other motor vehicle to be driven by such person during the applicable six-month period prescribed by subsection (b) of O.C.G.A. §42-8-112 (the six-month period following the 12 month suspension) a functioning, certified Ignition Interlock Device, and such person shall not during such six-month period drive any motor vehicle whatsoever that is not so equipped. O.C.G.A. §42-8-111
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Note: When the court issues the order for the use of an Ignition Interlock Device, any Atlanta DUI attorney should please advise the defendant that he or she will be required to provide DDS with a certificate of installation from an approved vendor upon applying for a permit. In addition, the defendant must provide proof of 6-months of incident free monitoring of the Ignition Interlock Device prior to reinstatement of their driver’s license. Always give a copy of the “court order” to the defendant.
The clerk of the court in which a defendant (21 years of age or older) is convicted a second or subsequent time (for DUI) shall:
Cause to be published a notice of conviction for each such defendant convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name and address of the convicted person, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section. The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith. O.C.G.A. §40-6-391 (j)
The defendant’s driver’s license or Lost License Affidavit, if applicable, and service of suspension (DS 1190) should be attached to the Uniform Traffic Citation as part of the disposition of the court.
Temporary/Limited Driving Permit
12 months after the date the defendant surrendered their most recently issued license, or the date that the conviction was processed by DDS, the licensee will be eligible to apply for an Ignition Interlock Device (IID) Permit.
To be eligible for an IID Permit, the licensee must satisfy the following requirements:
- Submit an original certificate of completion of an approved Alcohol/Drug Use Risk Reduction Program;
- Submit original certification of an approved clinical evaluation;
- Submit official proof of enrollment in, or an original certificate of completion of, an approved substance abuse treatment program, if so required;
- Submit proof of Installation of an Ignition Interlock Device from an approved vendor.
- Remit a $25.00 permit fee.
Reinstatement
18 months after the date the defendant surrendered their most recently issued license to the court, to DDS, or the conviction was processed by DDS, and provided that the Ignition Interlock requirement was satisfied and the IID permit was not revoked, the licensee may submit the following prior to reinstatement of the license:
- Proof that an ignition interlock device was maintained in a motor vehicle for a period of six months, without incident;
- Proof of completion of a substance abuse treatment program (as required by the clinical evaluation). If proof of completion was submitted prior to the issuance of the limited permit, no additional proof will be required for reinstatement of the license;
- Remittance of a $210.00 restoration fee (or $200.00 if restoration is processed by mail).
If by mail, the following address should be used:
Department of Driver Services
PO Box 105182
Atlanta, GA 30348-5182
Ignition Interlock Device
If a person required to report to an ignition interlock provider fails to report to the provider as required, or receives an unsatisfactory report from the provider at any time during the six-month period, the limited driving permit will be revoked.
Within 30 days after the revocation of the limited permit, the person may make a written request for a hearing and remit to the department a payment of $250.00 for the cost of the hearing. Within 30 days after receiving a written request for a hearing and a payment of $250.00, the Department of Driver Services shall hold a hearing.
If the hearing officer determines that the person failed to report to the ignition interlock provider for any of the reasons specified below, a new ignition interlock device limited driving permit shall immediately be issued that shall be valid for a period of six months. Such reasons shall be for providential cause and include, but not be limited to, the following:
(A) Medical necessity, as evidenced by a written statement from a medical doctor;
(B) The person was incarcerated;
(C) The person was required to be on the job at his or her place of employment, with proof that the person would be terminated if he or she was not at work; or
(D) The vehicle with the installed interlock device was rendered inoperable by reason of collision, fire, or a major mechanical failure.
If the hearing officer determines that the person failed to report to the ignition interlock provider for any reason other than those specified, or if the person received an unsatisfactory report from the provider, the person may apply for and be issued a new ignition interlock device limited driving permit after 120 days.
This shall not apply to any person convicted of violating O.C.G.A. §42-8-118.
This suspension will not age off, but will remain active until the defendant has completed the DDS and court requirements listed above.
It is essential to have an experienced Atlanta DUI attorney on your side to watch out for your best interests. If you have been arrested for a second time for DUI in Georgia, call us today at 404.581.0999 for a free case evaluation.
