Red Stripe Penalty in Georgia
A DUI conviction can come with strict penalties. A second DUI conviction in Georgia mandates even harsher penalties if convicted. One of the lesser-known consequences of a second DUI conviction in Georgia is the red strike law. A person with a second DUI conviction will be issued a license that has a red strike across the top. This stripe represents a prior DUI conviction and will stay on your license for seven years. At the end of seven years, you can be issued a standard drivers license as long as you have no other convictions for driving under the influence of alcohol or drugs.
According to O.C.G.A. § 40-5-85
Any person convicted within five years of his or her first conviction as measured in paragraph (2) of subsection (c) of Code Section 40-6-391 for a second time of the offense of driving under the influence of alcohol or drugs in violation of Code Section 40-6-391 shall, upon compliance with all other requirements for reinstatement of his or her license as provided for in this chapter, be issued a driver's license which may bear a red stripe thereon. After seven years with no additional convictions for driving under the influence of alcohol or drugs any such person shall be issued a regular driver's license without such red stripe provided that he or she is otherwise entitled to such license under the laws of this state.
Additional Penalties for a Second DUI in Georgia
Receiving a second DUI in five years comes with severe consequences. There are two different lookback periods that apply to a second DUI offense. Georgia uses a five year lookback period when it comes to license suspension purposes. However, for criminal punishment and all other DUI penalties, a ten year lookback period is used. It is measured by the time between offenses based on on the arrest date.
In addition to the red stripe on your license, these are additional penalties you could face:
- One to three years of probation, depending on the circumstances of your case
- Community service (240 hours)
- Between 90 days and 12 months in jail (no less than three days)
- Fines (between $600 and $1,000)
- One year of license suspension (you may obtain a limited permit after 120 days if you are in an approved treatment program, but this is subject to approval)
- Ignition interlock device
- Drug counseling (17 weeks)
- License plate surrender
- Court-ordered DUI program
Just remember that these penalties only apply if you are convicted. Our law firm is fully capable of beating your DUI charge and helping you avoid these penalties. Call us now!
How to Avoid a DUI Conviction and Harsh Penalties
With over 20 years of experience defending DUI charges, we know how to get evidence suppressed and how to reduce your charge. We understand the life-altering consequences you face with a second DUI charge. However, remember that a charge is not the same as a conviction! There are always DUI defenses we can use to assist with your case.
Our DUI Attorneys in Georgia are here to provide the aggressive legal defense that you need and deserve. We have spent decades honing the right skills to defend your case in court. Call our office today for a free case evaluation.