DUI DEFENSE LAWYERS IN GEORGIA

A DUI charge in Georgia can feel overwhelming, threatening your freedom, finances, and future. Understanding the state's complex laws and potential penalties is the first step toward building a strong defense. Driving Under the Influence (DUI) is a serious criminal offense, but a charge is not a conviction. With an experienced Marietta DUI attorney by your side, you can effectively navigate the legal system and protect your rights. This guide will explain Georgia's DUI laws, detail the steps you should take if you are charged, and show you how expert legal representation can make a significant difference in your case's outcome. Scroll down to learn more about DUI charges in Georgia and how you can best protect yourself.

Understanding DUI Laws in Georgia

In Georgia, a driver can be charged with a DUI under several circumstances. The most common is being in physical control of a moving vehicle while having a Blood Alcohol Concentration (BAC) at or above the legal limit.

For most drivers (21+): The BAC limit is .08% or greater.
For commercial drivers: The BAC limit is stricter, at .04% or greater.
For drivers under 21: Georgia has a “zero tolerance” policy, with a BAC limit of just .02% or greater.

You can also face a DUI charge, known as “DUI-D,” if you are found to be driving under the influence of any drug, including marijuana or prescription medications, that makes you a less safe driver. This is typically determined through blood or urine tests.

What to Do After a DUI Arrest in Georgia: A Step-by-Step Guide

The moments following a DUI arrest are critical. The actions you take can have a major impact on your case.

Remain Calm and Comply: Be polite with the arresting officer, but remember you have the right to remain silent. You are only required to provide your name, driver’s license, and registration.
Understand Implied Consent: Georgia’s implied consent law means that if you are lawfully arrested for a DUI, you must submit to a state-administered chemical test (blood, breath, or urine). Refusing the test can lead to an automatic one-year license suspension, with no option for a limited driving permit.
The 30-Day Rule: This is crucial. After a DUI arrest, you have only 30 calendar days to request an Administrative License Suspension (ALS) hearing or install an ignition interlock device to save your driving privileges. Failing to act within this window will result in an automatic license suspension.
Contact a DUI Defense Lawyer Immediately: Do not wait. The sooner you contact a skilled Marietta DUI attorney, the faster we can begin analyzing your case, preserving evidence, and preparing a defense strategy. We can represent you at the ALS hearing and begin fighting the criminal charges against you.

Penalties for DUI Convictions in Georgia

The consequences of a DUI conviction in Georgia become more severe with each subsequent offense. It’s important to understand what you are facing

First DUI Offense

A first-time DUI is a misdemeanor but still carries significant penalties.

Jail Time: 24 hours to 12 months.
Fines: $300 to $1,000, plus court costs and surcharges.
License Suspension: Up to 12 months. You may be eligible for a limited driving permit.
Community Service: A minimum of 40 hours.
DUI Education: Completion of a “DUI Risk Reduction Program.”

Second DUI Offense (within 10 years)

A second conviction brings harsher consequences.

Jail Time: 72 hours to 12 months.
Fines: $600 to $1,000.
License Suspension: Up to 3 years. You will have to wait 120 days before being eligible for a limited permit.
Community Service: A minimum of 30 days (240 hours).
Vehicle Forfeiture: Your vehicle’s license plate will be confiscated.

Third DUI Offense (within 10 years)

A third DUI is classified as a High and Aggravated Misdemeanor.

Jail Time: A minimum of 15 days to 12 months.
Fines: $1,000 to $5,000.
License Revocation: 5-year revocation. You may be declared a “Habitual Violator.”
Public Acknowledgment: Your name, photo, and address will be published in the local newspaper.

Felony DUI

A fourth DUI offense within a 10-year period is a felony in Georgia. This carries a prison sentence of one to five years and fines up to $5,000. Other circumstances, such as causing serious injury or death, can also elevate a DUI to a felony, even on a first offense.

How a Georgia DUI Defense Lawyer Can Help

Facing a DUI charge alone is a risk you should not take. At TT Attorney, we meticulously investigate every aspect of your case to build the strongest possible defense.

We examine critical details, including:

The Legality of the Traffic Stop: Did the officer have a valid reason to pull you over?
Field Sobriety Test Procedures: Were the tests administered correctly according to national standards?
Breathalyzer and Test Accuracy: Was the testing equipment properly calibrated and maintained? Were there any medical conditions that could have affected the results?
Your Rights: Were you properly read your Miranda rights and the implied consent notice?

Our goal is to protect your future. We explore every avenue to have the charges reduced or dismissed. We know you want to get back to your life and your family, and we work tirelessly to create a defense strategy that aims for the best possible outcome.

Frequently Asked Questions About DUI in Georgia

Can I refuse a field sobriety test in Georgia?

Yes. You can and should politely decline to participate in voluntary field sobriety tests. These tests are often subjective and difficult to perform even when sober, and the results are used by the prosecution to build a case against you.

Will I definitely go to jail for a first-time DUI in Georgia?

While a minimum of 24 hours in jail is required by law for a first DUI conviction, an experienced DUI defense lawyer can often negotiate alternative sentences, such as having the jail time waived or served through other means, depending on the specifics of your case.

Can a DUI charge be reduced to a lesser offense like reckless driving?

Yes, this is a common goal in DUI defense. A skilled attorney can often negotiate with prosecutors to reduce a DUI to a charge of reckless driving, which has less severe penalties and does not carry the same stigma or license suspension consequences.

What is the difference between an ALS hearing and the criminal court case?

The ALS hearing is a civil proceeding that only deals with your driver's license suspension. The criminal case is separate and handles the DUI charge itself, which can result in fines, jail time, and probation. It is crucial to have legal representation for both.

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