Hinesville Second DUI Lawyer

What to Know About DUI Laws in Georgia

It is unlawful to operate a motor vehicle while under the influence of alcohol or drugs in Georgia. Drunk driving (or drugged driving) is a serious criminal offense. The primary DUI statute that covers Hinesville is O.C.G.A. § 40-6-391. Notably, under it, a driver can be convicted based on impairment, a per se blood alcohol concentration of 0.08 percent or higher, or the presence of certain drugs. The statute also creates lower per se limits for commercial drivers and drivers under 21. Importantly, Georgia DUI law allows the state to rely on officer observations, field sobriety evaluations, chemical testing, or any combination of evidence. Still, you are presumed innocent until proven guilty. You have the right to raise a strong defense against a DUI charge. 

Note: A DUI arrest in Hinesville also comes with administrative consequences through the Georgia Department of Driver Services, including a license suspension separate from the criminal case. You need to take immediate action after an arrest to stop an administrative license suspension.  

Know the Penalties for a Second DUI Offense in Hinesville

There are enhanced DUI penalties in Georgia for drivers who already have a conviction on their criminal record. A second DUI conviction in Georgia carries mandatory minimum penalties that significantly exceed those for a first offense. If the second conviction occurs within ten years of the first, the court must impose at least 90 days of incarceration, with a minimum of 72 hours served in custody. Judges have limited discretion to suspend or probate the sentence below that threshold. Fines increase to a statutory range of $600 to $1,000. There are also substantial surcharges and court costs. A second DUI conviction also results in a three-year license suspension, with limited eligibility for reinstatement after 120 days if statutory conditions are met.

How a Hinesville, GA Second Offense DUI Lawyer Can Help

A DUI charge is a serious crime in Georgia, especially so if you already have a prior conviction on your record. Our founder and lead attorney, Jarrett Maillet, is a criminal defense lawyer with considerable experience handling DUI cases. We believe that every person is innocent until proven guilty. You have the right to raise a strong, comprehensive defense. Along with other things, our Hinesville, GA second DUI defense attorney is ready to: 

• Listen to your story and explain your rights/options; 
• Investigate your second-time DUI arrest in Hinesville, gathering all evidence; 
• Handle any correspondence with police and/or prosecutors; and
• Develop a personalized defense strategy focused on protecting your rights. 

Hinesville Second Time DUI Charges: Frequently Asked Questions (FAQs)

What qualifies as a second DUI offense in Hinesville, Georgia?

Under Georgia state law, a DUI is treated as a second offense if the defendant has one prior DUI conviction within the ten-year statutory lookback period. The lookback is measured from arrest date to arrest date, not conviction date.

Is jail time mandatory for a second DUI in Georgia?

Yes. Georgia law requires a minimum of 72 hours of incarceration for a second DUI conviction. Courts lack the authority to waive that requirement. 72 hours in mandatory jail. Though, to be clear, a second-time DUI conviction could carry far more jail time than that. 

Do DUI convictions in other states count in Georgia?

Yes. Georgia counts out-of-state DUI convictions if the offense is substantially similar to a Georgia DUI under O.C.G.A. § 40-6-391. Courts compare the elements of the prior offense, not the label used by the other state. If the prior conviction qualifies, it can enhance a new charge to a second or subsequent DUI. Certain states classify first-time DUIs as traffic violations, but that could still be enough to justify a second-time DUI charge if arrested in Hinesville, Georgia. 

Contact Our Hinesville Second Offense DUI Defense Lawyer Today

At Jarrett Maillet J.D., P.C., our Hinesville, GA DUI attorney has the skills and experience to defend second-time offenses. Were you arrested for drunk driving with a previous offense on your record? Our criminal defense firm is here to help. Contact us now by calling 912-713-3426 to set up your completely confidential, no obligation case evaluation. We defend second-time DUI charges in Hinesville, Liberty County, and throughout the broader region in Georgia.