Gwinnett County DUI Lawyers

If you have been charged with driving under the influence (DUI) in Gwinnett County, Georgia, time is of the essence. From the moment you were stopped, and all the way through your arrest, the state has been collecting evidence that will be used against you.

Your FREE attorney consultation with a co-author of Georgia’s leading law book on DUI laws can start right now, because our criminal defense law firm answers calls 24 hours a day at (404) 567-5515.

Fortunately, it’s not too late to even the playing field—and, as experienced Gwinnett County DUI lawyers, Kohn & Yager, LLC can substantially improve your chances of obtaining a favorable outcome in court.

Per Se DUI versus Less Safe DUI

Georgia state law classifies drunk driving offenses into two categories: “per se” DUI and “less safe” DUI. In cases where a person is caught driving with an illegal amount of alcohol in his or her system, the offense will be classified as a per se crime. Meanwhile, a less safe charge will be used in situations where the individual’s ability to drive is significantly impaired. As a result, the type of DUI charge you face and what your DUI lawyer in Gwinnett County must defense against will depend primarily upon the reason you were pulled over, as well as your blood alcohol content (BAC). Commercial license holders face added stakes in these cases, which is why our lawyers for truck drivers handle CDL matters separately.

For example, if you are pulled over for a minor traffic offense (such as driving a few miles over the speed limit or running a red light), and the officer suspects you are under the influence of alcohol, he or she may administer a chemical test in order to determine the amount of alcohol in your bloodstream (your BAC). Because Georgia law prohibits driving with a BAC of 0.08% or higher, you can be arrested and charged with DUI if a chemical test indicates you have a BAC at or above this limit—even if your ability to drive is not affected.

On the other hand, if you are stopped for driving erratically or other serious traffic violation (such as swerving or driving on the wrong side of the road), and a chemical test indicates you have a BAC under 0.08%, you may still be charged with less safe DUI. The state must prove that alcohol affected you to the point that it was less safe for you to drive. At 0.05% or less, the judge or jury may decide you were not under the influence. Between 0.05% and 0.08%, the test result is weighed with the other evidence, such as your driving.

DUI Penalties

Regardless of the type of DUI you are facing, the penalties for a drunk driving conviction usually include a hefty fine, automatic license suspension, and possible jail time. Even on a first offense, at least 24 hours in jail is mandatory when the alcohol level was 0.08% or higher. Fortunately, being arrested for DUI is not the same as being convicted and Kohn & Yager, LLC has helped countless drivers like you avoid the life-altering consequences of a DUI conviction.

How a Gwinnett County DUI Lawyer can Help

From reducing your charges to a lesser offense to getting your case dismissed entirely, count on the Gwinnett County DUI attorney with our firm to provide the aggressive legal representation you need. Whether proving the officer did not have sufficient cause to arrest you to challenging the results of your chemical test, Kohn & Yager, LLC will review the facts of your case to determine the best defense strategy for your situation and improve your chances of obtaining a favorable outcome in court. Our page on breath test defenses details the ways flawed chemical results can be exposed.

To start working on your defense, contact Kohn & Yager, LLC today for a free, no-obligation consultation.

First-Offense DUI Questions in Gwinnett County

Will I Go to Jail for a First DUI in Gwinnett County?

A first Georgia DUI conviction carries 10 days to 12 months in jail, but the judge may probate all of it except 24 hours when the alcohol level was 0.08 or higher. Many first offenders in Gwinnett County serve only that day, and the time spent in jail at arrest usually counts toward it. Actual jail time climbs when the case carries an aggravating fact such as a high test result, a wreck, a child in the car, or a prior DUI. Our guide to what increases a Georgia DUI fine and jail sentence explains each one.

How Long Do I Have to Save My License After a Gwinnett County DUI Arrest?

Thirty days. The arresting officer serves a notice that starts a 30-day window to request an administrative license hearing, with a $150 filing fee, or to elect an ignition interlock permit. The permit is open only to drivers 21 or older who hold a Georgia license but no commercial license, have no DUI conviction in the last five years, and are not suspended over a crash that caused injuries or deaths. Taking it gives up the hearing. Miss the deadline and the suspension takes effect on its own, long before a court date in Lawrenceville. This is the first thing a Lawrenceville DUI attorney handles in a new case. Our ALS hearing page walks through the choice.

What Are the Penalties for a First-Offense DUI in Gwinnett County?

A first offense DUI in Gwinnett County is a misdemeanor. The sentence includes a fine of $300 to $1,000, at least 40 hours of community service, a DUI Risk Reduction Program within 120 days, a clinical evaluation, and 12 months of probation less any days served. The driver’s license is suspended for 12 months, with early reinstatement possible after 120 days once DUI school is complete and the restoration fee is paid. Most misdemeanor DUI cases from Lawrenceville, Duluth and Norcross are heard in the State Court of Gwinnett County or Gwinnett County Recorder’s Court, or in a municipal court such as Lawrenceville, Duluth or Norcross when a city officer made the arrest. The first offense DUI in Georgia page covers the full sentence.