I was recently arrested for DUI in Georgia and am unsure if it is first offense or second offense.

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I have a previous DUI arrest but the outcome was a reckless driving conviction.

Attorney Answers

9
Michael Barber ·
Based on the information you have given: This is your second arrest but a possible first conviction for DUI. Your question also depends on where the first dui/reckless happened and if it was reported correctly.
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Benjamin David GoldbergCriminal Defense AttorneyMarietta, GA ·
If you get convicted in the new case, it will be considered a first lifetime conviction. But the prosecutor will probably consider the fact that you have a previous arrest.
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Julia Simmons ·
No way an attorney can answer this without reviewing your actual criminal record. There are alcohol related reckless and non alcohol related reckless. One is priorable while the other isnt.
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Justin Williams ·
Then this would be a first DUI conviction if you plead guilty, nolo contendre or found guilty after a trial. Regardless, contact a local criminal defense lawyer as soon as possible or from an Atlanta law firm who can appeal to the Court of Appeals.
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Minerva Cansino BlanchetteCriminal Defense AttorneyCartersville, GA ·
In Cartersville, the DA's office will treat your second DUI arrest the same as a second DUI even though your first one was reduced to reckless. However, with an attorney, it is still possible to thoroughly review the State's case to see if there is a way to challenge this most recent arrest.
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James Yeargan ·
If you are convicted of a DUI it will be your first offense.
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William Kemp ·
Dear Sir or Madam, whether a new DUI arrest is counted as a first, second, or third DUI arrest and/or conviction depends on your individual criminal history. The State of Georgia has certain sentencing requirements, including jail time, for anyone convicted of "DUI." These sentencing requirements change and become more severe depending on how many DUI convictions you received and the period of time in which you received those convictions. However, if you were not "convicted" of DUI but instead resolving your matter with a plea to "reckless driving," then, legally, those sentencing "requirements" do not have to imposed by the sentencing judge, although the sentencing judge may still impose those "requirements." (A judge in the State of Georgia has broad latitude in sentencing and may impose a sentence of up to 12 months in jail on any DUI conviction). Since a DUI conviction affects both your liberty & freedom, and your privilege to drive, you should immediate contact an experienced DUI-defense attorney to represent you on your case. I am happy to speak with you about your pending DUI matter. Please call the Kemp Law Firm at (678) 590-2055 or email me at [email protected]. Take care, Tom Kemp, KEMP LAW FIRM, L.L.C.
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George Mccranie ·
Based on the information in your question - if you are CONVICTED of this recent DUI it should be your FIRST DUI. Georgia has a 10 year look back period on DUI CONVICTIONS. However, if you are Convicted of this DUI it will remain on your criminal history in Georgia for the REST OF YOUR LIFE. Criminal CONVICTIONS remain on your criminal history and NEVER come off. I would advise you to hire the best DUI Defense Attorney that is available to you - ASAP & fight the new DUI charge. I understand that the first DUI charge was reduced to a Reckless so it doesn't officially count as a DUI. But most Prosecutors will check your history and take into consideration a previous DUI charge that was reduced and are often not willing to consider any reduction of a new DUI charge. Please take this DUI charge seriously because a CONVICTION will haunt you for YEARS! I hope this information has been helpful to you & Good Luck!!! George McCranie IV - Offices in Valdosta & Douglas, GA -
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