Driving under the influence (DUI) is a serious offense in Georgia, with severe legal, financial, and personal consequences. Whether you’re facing your first DUI charge or have prior offenses, Georgia’s DUI laws and complex legal system are overwhelming. Our attorneys are in court every day of the week, and have been doing so for decades.
You can call our office and speak with one of our knowledgeable paralegals. This person will gather information about you and your case, including the charges you face, what county and court, your first appearance date if you haven’t already been in front of a judge, and your telephone number. You must take the first step, but are under no obligation to hire us until we meet in person and you decide if we are the right legal team for you.
Should I Get a Lawyer for My First DUI in Georgia?
This is a question many people ask, especially when facing their first brush with the law. The answer is a resounding yes, and here’s why: the stakes are high. Georgia’s DUI laws are strict, and even first-time offenders face harsh penalties. A conviction can feel like it keeps coming up years after your case is resolved. New employers may ask about it, especially if your new job requires driving a company vehicle. Applying to colleges brings up this criminal conviction yet again. You may even have difficulties with personal relationships, or feel that you have to keep hiding this event in your life.
If you’ve been charged with your first DUI in Georgia, you may wonder if hiring a lawyer is necessary. The short answer: absolutely. Even a first-time DUI offense in Georgia carries significant penalties, including:
- Fines up to $1,000
- Jail time up to 12 months
- License suspension
- Mandatory community service
- Alcohol or drug counseling
A skilled Georgia DUI lawyer can help you:
Challenge the Evidence: From the legality of the traffic stop to the accuracy of breath or blood tests, a lawyer can identify potential defenses.
Negotiate Reduced Charges: In some cases, charges can be reduced to reckless driving or dismissed altogether.
Protect Your Record: Avoiding a DUI conviction can prevent long-term consequences like increased insurance rates and employment difficulties.
Why Do Lawyers Drag Out DUI Cases?
One of the most common questions people have when hiring a Georgia DUI lawyer is why DUI cases sometimes take months or even years to resolve. The answer lies in the complexity of DUI law and the strategic approach that experienced attorneys use to protect their clients’ rights.
Strategic Delays for the Client’s Benefit
Lawyers may “drag out” DUI cases for several reasons, all aimed at achieving the best possible outcome for their clients:
Gathering Evidence: DUI cases often hinge on technical details, such as breathalyzer calibration records, dashcam footage, and officer testimony. Attorneys need time to collect and analyze this evidence.
Negotiations with Prosecutors: Prolonging the case can create opportunities for plea bargains or reduced charges, especially if weaknesses in the prosecution’s case emerge over time.
Court Scheduling: Courts are often backlogged, and rescheduling hearings can give the defense more time to build a strong case.
Waiting for Favorable Circumstances: Changes in laws, court personnel, or even the availability of key witnesses can impact the outcome.
Remember, while it may seem frustrating when a case takes longer than expected, these delays are often strategic moves by your Georgia DUI lawyer to secure the best possible result. Of course the Covid pandemic backed up cases for years, but we now see that the bottleneck has been lifted, thanks to hard-working court employees in all metro Atlanta counties.
What Is the 10-Day Rule for DUI in Georgia?
If you’ve been arrested for DUI in Georgia, you need to act fast. The “10-Day Rule” is a critical deadline that could determine whether you keep your driving privileges. After a DUI arrest, you have just 10 business days to request an Administrative License Suspension (ALS) hearing with the Georgia Department of Driver Services (DDS). Failing to request this hearing will result in an automatic suspension of your driver’s license.
Why is this important? Without a timely request, you could lose your license for up to one year—even before your criminal case is resolved.
Driving under the influence (DUI) is a serious offense in Georgia, carrying harsh legal, financial, and personal repercussions. Whether you’re facing your first DUI charge or have prior offenses, the complexities of Georgia’s DUI laws can be overwhelming. This comprehensive guide will help you understand the role of a Georgia DUI lawyer, why legal representation is crucial, what to expect during the legal process, and how to make informed decisions if you or a loved one faces DUI charges in the state.
Given the urgency, consulting with the best DUI lawyer in Atlanta, GA as soon as possible is essential. An experienced attorney can file the necessary paperwork within the 10-day window, represent you at the ALS hearing to contest the suspension, and begin building a defense for your criminal case. If you’re facing a DUI charge, contact a Georgia DUI lawyer immediately to protect your rights and your license.
How Much Does a DUI Lawyer Cost in Georgia?
Let’s break down the costs further and discuss why hiring a criminal defense attorney in Georgia is a smart move. A criminal defense attorney specializing in DUI cases brings in-depth knowledge of Georgia DUI laws, relationships with local prosecutors and judges, and experience challenging DUI evidence and procedures.
Is it worth hiring an attorney for a DUI? Absolutely. The consequences of a DUI conviction in Georgia are severe, including jail time, heavy fines, license suspension or revocation, mandatory community service, and a permanent criminal record. A skilled DUI lawyer can often reduce or eliminate these penalties, making the investment well worth it.
What Is the New DUI Law in Georgia?
Georgia’s DUI laws are continually evolving, and recent changes have significant implications for anyone facing charges. Key changes include the possible requirement for first-time offenders to install an ignition interlock device on their vehicle, streamlined procedures for contesting administrative license suspension, and enhanced penalties for repeat offenders, including longer jail sentences, higher fines, and extended license suspensions.
The best DUI lawyer in Georgia will be familiar with these changes and can leverage them to build a strong defense. Georgia has one of the strictest DUI laws in the country, with mandatory minimum sentences for repeat offenders.
How Much Is Bail for a DUI in Georgia?
Bail amounts for DUI in Georgia vary by county and the specifics of the case. For a first offense, bail is typically set between $500 and $2,500. Factors such as prior offenses, accidents, or injuries can increase the amount. Posting bail allows you to be released from jail while your case is pending, but you’ll still need to appear in court as required.
What Is the Most Common Sentence for a First DUI?
If you’re convicted of a first DUI in Georgia, you can expect a sentence that may include jail time (from 24 hours to 12 months, sometimes served on weekends or through alternative programs), fines ranging from $300 to $1,000, license suspension for up to 12 months, at least 40 hours of community service, and mandatory alcohol or drug evaluation and treatment.
Some people wonder if hiring a DUI lawyer is a waste of money, especially for a first offense. However, even first-time offenders face life-altering consequences. A skilled lawyer can challenge the legality of the stop and arrest, negotiate reduced charges or alternative sentencing, and help retain your driving privileges. Studies show that defendants represented by experienced DUI lawyers are more likely to have charges reduced or dismissed.
Facing a DUI charge in Georgia is daunting, but you don’t have to go through it alone. A qualified Georgia DUI lawyer can make a significant difference in the outcome of your case, helping you navigate complex legal procedures, protect your rights, and minimize the long-term impact on your life.
Georgia DUI Laws Explained
Georgia’s DUI laws are detailed and complex, governed primarily by the Official Code of Georgia Annotated (OCGA) §40-6-391. This statute covers various types of DUI offenses, including those involving alcohol, drugs, and situations where a child passenger is present. For example, subsection (l) of this code imposes mandatory minimum penalties for DUIs involving passengers under the age of 14, which can include enhanced jail time and higher fines compared to standard DUI charges.
It is important to understand the difference between “per se” DUI charges, which are based on a blood alcohol concentration (BAC) of 0.08% or higher, and “less safe” impairment charges, which do not rely solely on BAC but on evidence that the driver was impaired to the extent they were unsafe to operate a vehicle. Prosecutors may pursue impairment charges even if the BAC is below the legal limit, particularly if field sobriety tests suggest intoxication. For instance, a driver with a BAC of 0.07% could still face DUI charges if their driving behavior and sobriety test results indicate impairment.
Defenses to DUI Charges
Defending a DUI charge requires a thorough understanding of potential weaknesses in the prosecution’s case. One common defense is challenging the legality of the traffic stop; if the officer lacked reasonable suspicion to initiate the stop, any evidence gathered afterward may be inadmissible. Additionally, breathalyzer devices, such as the Intoxilyzer 9000, must be properly calibrated and maintained; failure to do so can render test results unreliable. Medical conditions like diabetes or gastroesophageal reflux disease (GERD) can sometimes mimic signs of intoxication, leading to false positives during field sobriety tests or breathalyzer readings. Errors in the chain of custody for blood tests can also undermine the prosecution’s evidence if the blood sample was mishandled or contaminated.
Furthermore, illegal roadblocks or checkpoints that do not comply with constitutional standards can be challenged. Other defenses include violations of Miranda rights during arrest, the “rising BAC” defense which argues that the defendant’s BAC was below the legal limit while driving but rose afterward, and deficiencies in officer training or improper administration of field sobriety tests. Each of these defenses has been successfully used in various cases; for example, in State v. Smith, a DUI charge was dismissed due to an improper traffic stop, and a 2023 Atlanta case was thrown out after blood test contamination was proven.
DUI Penalties Breakdown
The penalties for a first DUI offense in Georgia are significant and can have long-lasting effects. Typically, a first-time offender faces a minimum jail sentence of 24 hours, which can extend up to one year depending on the circumstances. Fines generally range from $300 to $1,000, in addition to mandatory surcharges. License suspension can last up to 12 months, although some offenders may be eligible for early reinstatement after 120 days. Community service is also required, usually a minimum of 40 hours. These penalties become more severe when aggravating factors are present.
For instance, if the offender’s BAC is above 0.15%, the court may mandate the installation of an ignition interlock device on their vehicle. Accidents resulting in injuries can elevate the charge to a felony, carrying even harsher punishments. Repeat offenses also lead to enhanced penalties, including longer jail time and extended license suspensions.
Administrative Process
Beyond criminal penalties, DUI offenders in Georgia must navigate an administrative process involving the Department of Driver Services (DDS). After an arrest, the defendant has only 10 business days to request an Administrative License Suspension (ALS) hearing. This hearing is crucial because failure to request it results in an automatic suspension of the driver’s license, regardless of the outcome of the criminal case.
The ALS hearing allows the defendant to challenge the suspension based on procedural errors or insufficient evidence. If the suspension is upheld, the offender must complete certain requirements before license reinstatement is possible. These typically include paying reinstatement fees, which can exceed $210, obtaining an SR-22 insurance certificate to prove financial responsibility, and completing a DUI Risk Reduction Program designed to educate offenders about the dangers of impaired driving. For out-of-state drivers, the interstate license compact means that suspensions in Georgia may be reported to their home state, potentially affecting their driving privileges nationwide.
DUI Technology
Technology plays a significant role in DUI enforcement and defense. Breathalyzer devices like the Intoxilyzer 9000 use infrared spectroscopy to estimate BAC levels, but these machines require regular calibration and maintenance to ensure accuracy. Calibration errors or outdated equipment can be grounds for challenging test results in court. Blood testing, often conducted via gas chromatography, is considered highly accurate but still vulnerable to errors in collection, handling, and chain of custody. Defense attorneys frequently scrutinize these processes to identify mistakes that could invalidate evidence.
Additionally, dashcam footage from police vehicles can be a valuable tool for attorneys. Video recordings may reveal inconsistencies in officer testimony or procedural errors during the traffic stop or arrest, providing critical support for the defense.
DUI and Current and Future Employment
A DUI conviction can have serious repercussions on a person’s employment, especially for those holding professional licenses or commercial driving credentials. Medical professionals, lawyers, and commercial drivers are often required to report DUI convictions to their respective licensing boards, which can result in disciplinary actions including suspension or revocation of licenses. Furthermore, DUI convictions appear on background checks for at least seven years, and in some cases longer, potentially affecting job prospects.
Georgia does not offer expungement for DUI convictions, meaning these records remain accessible to employers indefinitely. This makes it all the more important to seek skilled legal representation to minimize the impact of a DUI on one’s career.
DUI vs. Reckless Driving
In some cases, prosecutors may offer to reduce a DUI charge to reckless driving, particularly if it is a first offense and the BAC was close to but below the legal limit. Reckless driving carries less severe penalties, often avoiding jail time and license suspension. However, it still results in fines and increased insurance premiums, though typically to a lesser degree than a DUI.
For example, a DUI conviction might cause insurance rates to triple, whereas reckless driving might increase them by about 50%. Understanding the difference between these charges and negotiating effectively can significantly affect the outcome and the long-term consequences for the defendant.
Out-of-State Drivers Who Get a Georgia DUI While Here On Business or Pleasure
Non-resident drivers arrested for DUI in Georgia face additional complexities. Through the interstate driver’s license compact, Georgia reports DUI convictions to the driver’s home state, which may impose its own penalties or license suspensions. Some states have reciprocal agreements that enforce suspensions across state lines, such as Alabama, Tennessee, and South Carolina. Out-of-state drivers may be eligible for limited driving permits to commute to work or school during suspension periods, but commercial drivers face stricter federal disqualification rules that can affect their ability to maintain a commercial driver’s license (CDL).
How Does a DUI Affect Your Immigration Status?
For non-citizens, a DUI conviction can carry serious immigration consequences. DUIs may be considered crimes involving moral turpitude, which can lead to deportation or denial of visa applications. More severe DUI offenses, such as those involving injury or repeat convictions, can be classified as aggravated felonies, triggering automatic removal proceedings. Individuals applying for green cards or other immigration benefits must disclose DUI convictions and may need to apply for waivers to overcome inadmissibility. Consulting an attorney experienced in both criminal and immigration law is essential to navigate these challenges.
DUI cases are complex and require expert legal representation. The cost of hiring a DUI lawyer in Georgia is an investment in your future. Acting quickly—especially within the 10-day rule—is critical to preserving your driving privileges. The best DUI lawyers in Georgia stay up-to-date with changing laws and offer strategic defense.
Ready to protect your future? Contact a Georgia DUI lawyer today to schedule a free consultation and discuss your options. Don’t let a DUI charge define your life—get the expert help you need from attorneys Larry Kohn or Cory Yager. Combined, these two top-rated criminal defense partners have represented thousands of Georgians and visitors in counties across the state, including in Fulton County, Forsyth County, DeKalb County, Gwinnett County, Cobb County, and Cherokee County.
The number to call is (404) 567-5515 – call as soon as possible after your DUI arrest. When you check your mailbox this week you will find solicitations from DUI attorneys. How did this happen? The answer is your arrest creates a public record which is the last thing you need. You don’t know who to tell about what happened, maybe not even your family members, and no one at work. Why? Because an arrest is embarrasing, and you fear that it will cost you your job. It is true that going to jail is not something you wanted blasted all over town, but even worse than that would be going BACK to jail if you actually end up being convicted of what you today are only accused of.
Attorneys Larry Kohn and Cory Yager understand the emotional toll this bad legal experience can have on someone, especially if the person has never been handcuffed in the back if a police car, taken to a detention center, phone confiscated, car impounded, and the prolonged hassle of getting released from jail by a bail bond company. You are not alone. We are here to help. Our meeting with you will be held in the strictest confidence. If you want to bring a family member to our initial consultation that is alright by us. You may have to have a parent or spouse drive you to our office, or you may still be incarcerated. We will come to you if that is the case.
(404) 567-5515 is answered 24/7 – your call will never go to voicemail. Larry or Cory will call you back as soon as possible. If either gentleman cannot call back right away it is because they are in court defending another relieved client going through the same unexpected trauma.