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Second DUI Offense
ATLANTA DUI ATTORNEY
Fourth Conviction (Within 5 years)
Suspension
License/privilege to drive revoked for 5 years.
In addition to the sanctions imposed upon a third
conviction, a defendant who is convicted for a
fourth violation under O.C.G.A. §40-6-391
while declared and served as a Habitual Violator
will be subject to the charges of Felony With
a Vehicle and DUI, to include the seizure of the
automobile used in the commission of the offense
of DUI. O.C.G.A. §40-6-391
As provided in O.C.G.A. §40-6-391.2, the
procedures for the confiscation of the vehicle
must be implemented by the district attorney’s
office; therefore, these cases should be placed
in the respective superior court.
The arresting Atlanta agency,
upon verifying that the driver has met these
requirements for a DUI, shall declare the vehicle
as contraband. Within twenty days from the date
of seizure, this vehicle must be relinquished
to the district attorney’s
office. The district attorney has no more than
60 days from the seizure to initiate the condemnation
procedures as provided in this code section.
Extenuating Circumstances
In any case where a vehicle, which is the only
family vehicle, is determined to be subject
to forfeiture, the court in Atlanta may, if it
determines that the financial hardship to the
family as a result of the forfeiture and sale
outweighs the benefit to the State from such
forfeiture, order the title of the vehicle transferred
to such other family member who is a duly licensed
operator.
The interest of an owner, lessee, security interest
holder, or lien-holder shall not be subject
to forfeiture unless the condemner shows by
a preponderance of evidence that such person
knew, or reasonably should have known, that
the operator was a habitual violator as set
forth in this section and knew, or reasonably
should have known, that such person would operate
or was operation the vehicle while in violation
of O.C.G.A. §40-6-391.
Proceeds of Sale
The proceeds arising from such sale shall be
deposited into the general treasury of the State
or any other governmental unit whose law enforcement
agency it was that originally seized the vehicle.
It is the intent of the General Assembly that,
wherever possible, proceeds deposited in to the
State treasury should be used and that proceeds
vested in any local governmental unit shall be
applied to fund alcohol or drug treatment, rehabilitation,
and prevention and education programs, after
making the necessary expenditures for:
1. Any costs incurred in the seizure;
2. The costs of the court and its officers; and
3. Any cost incurred in the storage, advertisement,
maintenance, or care of the motor vehicle.
Endangering a Child During the Commission
of Driving Under the Influence O.C.G.A. §40-6-391(l).
A person who violates this Code section while
transporting in a motor vehicle a child under
the age of 14 years is guilty of the separate
DUI offense of endangering a child by driving
under the influence of alcohol or drugs. The
DUI offense of endangering a child by driving
under the influence of alcohol or drugs shall
not be merged with the DUI offense of driving
under the influence of alcohol or drugs for the
purposes of prosecution and sentencing. A DUI
offender who is convicted of a violation of this
subsection shall be punished in accordance with
the provisions of subsection (d) of Code Section
16-12-1, relating to the offense of contributing
to the delinquency, unruliness, or deprivation
of a child.
More DUI Information:
Anatomy of
a DUI case in Atlanta
Anatomy
of a DUI case in Georgia
Nystagmus
Tips
for Hiring a DUI Attorney
The Initial Interview with an Atlanta DUI Attorney
Implied
Consent Attorney
Atlanta DUI Rights
Two Types of DUI
in Atlanta
DUI Glossary
Alcohol Impairment Chart
Temporary Permit/License
Reinstatement
MADD
Victim Impact Panels
Community
Service Verification form
DUI Offenses:
First
Atlanta DUI Offense
Second
Atlanta DUI Offense
Third
Atlanta DUI Offense
Drug Crime
Drug Crime Penalties
Criminal Defense
Our DUI Law offices are
located at:
2060 Equitable Building
100 Peachtree Street
Atlanta, Georgia 30303
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