Georgia Criminal Defense Lawyer Blog
By: Ex-Cop Turned Criminal Lawyer Near Me Cory Yager, and Larry Kohn, Co-Authors of Georgia’s Leading Book on DUI in Georgia Laws
Navigating the legal landscape of state DUI laws can be complex. Across America no two states have the same DWI-DUI state laws, but all will have many similarities, due to States having to comply with federal highway safety laws and regulations issued NHTSA, a part of the Department of Transportation.
The State of Georgia is known for having one of the nation’s most punitive sets of drunk driving laws (impaired driving laws). The impaired driving and obtunded driving laws (from drug usage) are complicated and among the nation’s most punitive, especially if a driver refuses to allow post-arrest test results to be obtained by law enforcement.
This article is co-authored by Georgia’s recognized leading legal team (out of ALL the state’s DUI law firms) for writing and annually updating The Georgia DUI Trial Practice Manual, the #1 best seller on DUI laws in the Peach State since 1995.
Just to give the reader some idea of the DUI penalties in the Peach State (if convicted), from a 1st offense DUI alcohol or from controlled substances (e.g., marijuana, cocaine, PCP), the person would face:
- Driver license suspension, with not less than 120 days before that eligible first offender was able to get her or his full plastic license back, after completing DUI school.
- Fines and surcharges that can total as much as $1800 to $2000.
- Possibly being ordered to undergo a clinical evaluation for dependency on drugs or alcohol
- Completion of 40 or more hours of community service (as ordered by your judge).
- 24 hours in jail for anyone with a BAC level of 0.08 grams percent or more.
Understanding these Georgia state laws is crucial. By understanding GA driving laws, and the possible DUI defenses, this knowledge can possibly help you protect your rights and seek to avoid being convicted and suffering severe penalties, like having a lifetime record that cannot be expunged or restricted.
The repercussions of a DUI in Georgia are harsh. For example, for a refusal to submit to post-arrest testing, a driver will be totally suspended from driving in GA for 12 months, just for not taking the implied consent test.
Remember, this guide is not a substitute for customized, targeted legal advice about your case facts from an expert attorney skilled in defending those accused of driving under the influence of alcohol (or drugs).
Who Is Most Responsible for Making the Laws of the State?
The Georgia Legislature is most responsible, when both houses in the general Assembly agree on a new law and then send it to that Governor’s office for approval or veto.
Some cases will have terrible facts, while others will have very good facts. For example, many people exceed the speed limit each year. This often happens at night. It can lead to police stopping drivers who have been drinking or using drugs.
Below is a helpful chart of DUI penalties. Our DUI attorneys explain the punishments for first-time offenders. They also cover the penalties for repeat offenders.
Georgia DUI Lawyer William Head Created This Helpful DUI Chart Georgia
This chart and the legal advice within this page comes from Board-Certified DUI lawyer near me, William C. Head, Criminal Defense Lawyer near me and DUI Lawyer Atlanta, the Man Who Wrote the Book on DUI Laws in GA.
Because we provide every DUI arrestee with a FREE lawyer consultation with one of our top-rated DUI attorneys, you have found the right website.
What happens when you get a DUI in Georgia? When a person is arrested for DUI in the Peach State, most first offenders want to know more about punishment for DUI in Georgia. Thinking that they will be convicted under DUI GA law, they begin researching Georgia DUI penalties. (See a similar 8.5 inch by 11-inch form, below).
Our three co-authors of the DUI law book will talk about the higher penalties for some DUI cases. These cases have aggravating factors. This includes cases like a second DUI in Georgia within five years.
What the Georgia Implied Consent Law Means
Georgia’s implied consent law and license suspension process will be covered. We’ll explain the 30-day window for a DDS GA appeal and (for most callers) can explain the role of opting for a 12-month ignition interlock device for 12 months may be your better alternative, in many situations.
This article provides time-sensitive information about what happens when you get a DUI first offense in Georgia. Read ALL the contents for a full understanding of what is ahead of you on this legal journey for being charged with DUI alcohol or DUI drugs.
If Your Driver’s License Was Taken From You: Red Alert!
Most arrested drivers have their plastic license taken from them by police. The form below, called a “DDS 1205 Form,” is issued to notify that driver that she or he MUST act or be suspended administratively for a full 12 MONTHS. Yes, that means suspended before you can ever go to the criminal court case.
Within 30 days of the DUI arrest date, the driver must file an appeal with the State of Georgia Department of Driver Services (GA DDS). This is for an administrative license suspension hearing. This step is necessary to keep driving when that temporary driving permit expires on the 46th day after arrest.
Under new DUI laws in Georgia from 2017, some first-time offenders can use an ignition interlock device. That new GA Code section number is OCGA 40-5-64.1, which can be read by clicking the foregoing link.
That driver (if eligible) must have an IID (ignition interlock device) installed for a full year, with no way to terminate it early. Eligibility for obtaining the benefits of this Georgia statute requires that the person be a Georgia resident, have a Georgia license, and be age 21 or over. This statute allows arrested DUI drivers to ONLY be able to install ONE vehicle with the IID.
Call us NOW, 24 hours a day, at 404-567-5515, for your NO-COST case review. Every day after the arrest date means that you ARE NOT protected from being suspended, due to your inaction.
We can act immediately to help you protect your ability to keep driving if you reach us within that 30-day period — even on weekends or holidays.
What must I do to save my right to drive? Implied consent laws call for lawfully arrested DUI drivers to agree to the post-arrest testing. A new GA DUI law was put into law April 28, 2019, relating to the implied consent warning.
Requesting a hearing within 30 days after your arrest for DUI. So, now a breath, blood or urine test can be requested, but a DUI refusal of the forensic breath alcohol test cannot be used against you in court. Note that ignition interlocks are usually only installed when a driver is charged with refusal to submit to post-arrest testing, for alcohol or drugs.
Georgia Law on DUI. Being “over the legal limit” of 0.08 grams percent (for any driver) is called DUI per se. In addition, the State of Georgia can prosecute without a breath test, blood test or urine test, if circumstantial evidence is sufficient to convince a jury that it was less safe for the person to drive by consuming alcohol to the extent of being unsafe on the highway.
See the image of our three Super lawyers below.
Fighting a DUI in Atlanta Georgia. Most are shocked that the police take you to JAIL on a GA DUI 1st offense, regardless of your case circumstances. The same rule as the Georgia DUI process applies, generally, under DUI-DWI laws in most states.
Knowing how to Beat a DUI in the State of Georgia. However, many detained drivers with a DUI Georgia first offense are shocked at the severity of the DUI penalty Georgia DUI laws 2025 might bring. Just the potential jail time for DUI in Georgia is a much bigger concern than probation and court costs.
Hiring Experience Legal Counsel to Negotiate GA DUI laws 2025 to avoid Georgia DUI consequences. Next, our objective is to use our superior knowledge of DUI laws in Georgia to guide your ship through the troubled waters created by this pending DUI arrest.
Do you lose your license for first D.U.I. in Georgia? Yes, you do. Since driving under the influence (a DUI Atlanta GA) will result in a license revocation or suspension in ALL cases, fighting for a non-DUI disposition is our objective in every case.
Worst of all, though, is the lifetime conviction that can never be removed from your criminal history. Georgia’s expungement laws do NOT apply to any DUI convictions, even a first offence DUI. Trust the 3 Super Lawyers who WRITE the leading DUI law book for the State of Georgia on this issue!
Information About Our 3 Award-Winning Legal Book Authors and DUI Defense Attorneys
With 4 metro Atlanta DUI law offices, our criminal law attorneys near me in Georgia travel statewide to help citizens accused of impaired driving. Call today for your FREE lawyer consultation at 404-567-5515.
Our DUI defense lawyers always provide a FREE legal consultation to help calm potential clients’ worries. This is done by outlining a step-by-step game plan for protecting our client’s right to drive, and covering all the potential pitfalls that inaction and lack of familiarity with Georgia Law can cause.
DUI lawyer Atlanta Larry Kohn has been with criminal attorney and Board-Certified DUI attorney Bubba Head since 1996. Ex-cop turned DUI lawyer Atlanta Cory Yager has been part of the criminal justice and legal services team since 2007.
After over 10,000 cases handled over 92 collective years of legal service, what more can you ask for? Our lawyers for DUI near me have 4 criminal law offices near me for your convenience: Sandy Springs, Marietta, Alpharetta, and downtown Atlanta. Beyond our Fulton County and Marietta (Cobb County) location, our attorneys for DUI can reach Gwinnett County and DeKalb County in about 30 minutes.
CONTACT US NOW to discover HOW TO PRESERVE YOUR DRIVING PRIVILEGES! A FREE call awaits, so what are you waiting for? 404-567-5515.
Additional links:
DUI Georgia Felony Information, Which Can Bring Up to 5 Years in Prison