Question: I was given a DUI in Atlanta and I have some questions about my driver's license.  It's not my first DUI.  I got my first about 3 years ago.  That one was also in Atlanta.  I got into an accident in Buckhead after a night out with my wife.  I work in Midtown and we went to an Atlanta Falcons game and dinner and just had too much to drink.  I was pretty buzzed but I really didn't think I was that drunk.  Anyway I pled guilty to DUI because my lawyer said that because I blew high on the breath test I would probably be convicted.  I get that.

My new DUI happened in Midtown.  I was out with some friends from Georgia State and Georgia Tech and I made a bad decision to drive.  We tasted some craft beers from local Georgia brewers and I thought I was alright to drive.  But the Atlanta cop said I was speeding and pulled me over.  It made things worse that I had a suspended license because I forgot about a red light ticket.  I took the breath test and I couldn't believe that I blew a .201.  I really didn't have that much to drink.  I think the shots put me over.

The problem is that I need my driver's license.  I'm in sales and I need to drive all over.  Sometimes I take out clients.  So I need to keep my license.  I was told that if you get two DUI's you will have your license suspended.  Can I get a limited permit for work if I have a second DUI?  I really need to know.  Can I delay going to court on this one so I can get a driver's license?

S.C. in Atlanta.

Answer: Unfortunately, if you get two DUI's within five years you face a “hard” suspension.  The five years is based upon the incident dates, not guilty plea dates.  So if a guilty plea is delayed, it will not affect the driver's license suspension.

Of course, if the DUI charge is reduced to reckless driving, then you will not face a suspension for a second DUI.  Or if you are found not guilty of DUI after a trial then you would not have to worry about a suspension.

You may, however, be able to delay your plea (or trial) date and therefore be able to get more time before a suspension.  The driver's license suspension period for a second DUI in five years is one year.  But you may be able to get your driving privileges reinstated in a shorter period of time.

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