You knew the answer before you asked this question. Of course you will go to jail for DUI #2. Go find a lawyer. Free advice from a bunch of lousey lawyers is not helpful.
No one on here can answer your question without more information. There is a high probability if you plea to the DUI there will be some jail time. Call a DUI attorney and speak with them about your case, most offer free consultations.
I am not licensed to practice in Georgia, but I think the answer to your case really depends upon whether the second DUI stands up. Can you have it dismissed? Was there an illegal traffic stop? Was your BAC measured properly? Was the officer properly qualified on the machine? Fight the charge so that the question of jail becomes irrelevant. Hire an experienced DUI attorney who regularly appears in the court at issue. Good luck.
Richard T. Ryczek Jr.DUI / DWI AttorneyLawrenceville, GAGA licensed ·
There is a good chance that you will not have to serve jail time. Call attorney Sam Sliger or Gus McDonald, and you may be able to avoid the DUI conviction as well. (706)778-5291.
You very well could. It's good that your arrests are 5 years apart, but Georgia also has a 10 year look back period and a lifetime look back period. 2 DUI convictions within 10 years requires jail time.