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Second DUI Offense
ATLANTA DUI ATTORNEY
Call Atlanta DUI attorney Scott Smith (404) 581-0999 before the following happens to you.
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
An Atlanta DUI Attorney can help save you from the frustration. Call Atlanta DUI lawyer Scott Smith. Each of our attorneys will help you get your life back on track.
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 to the court,
to DDS, 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:
1. Submit an original certificate of completion
of an approved Alcohol/Drug Use Risk Reduction
Program;
2. Submit original certification of an approved
clinical evaluation;
3. Submit official proof of enrollment in, or
an original certificate of completion of, an approved
substance abuse treatment program, if so required;
4. Submit proof of Installation of an Ignition
Interlock Device from an approved vendor.
5. 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:
1. Proof that an ignition interlock device was
maintained in a motor vehicle for a period of
six months, without incident;
2. 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;
3. 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.
More DUI Information:
Anatomy of
a DUI case in Atlanta
Anatomy
of a DUI case in Georgia
Nystagmus
Implied
Consent Attorney
Atlanta DUI Rights
Two Types of DUI in
Atlanta
Tips
for Hiring a DUI Attorney
The Initial Interview with an Atlanta DUI Attorney
DUI Glossary
Alcohol Impairment Chart
Temporary Permit/License
Reinstatement
MADD
Victim Impact Panels
DUI Consultation Sheet
Community
Service Verification form
DUI Offenses:
First
Atlanta DUI Offense
Third
Atlanta
DUI Offense
Fourth
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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