Atlanta DUI Lawyer: Georgia DUI Defense

This is why, if you have been charged with DUI, you need a Georgia DUI Attorney who has completed the same training as the officers who arrested you, who is as skilled in court as the attorney who is prosecuting you, and who has the compassion to walk you through the whole process. If fighting a DUI case and doing everything possible to clear your name is important to you, hire an experienced Georgia DUI attorney who specializes in these matters, and who has the requisite training to competently defend DUI cases. Click the links to the right to learn more about the different kinds of DUI cases, and the possible penalties for each type. And please don’t hesitate to reach out for a free DUI consultation. Click here to call today.

What Happens After a DUI Arrest in Georgia

A Georgia DUI case moves on two separate tracks at the same time, and both need attention right away.

• The administrative (license) case. If you were arrested and either refused testing or tested, the officer should serve you with a notice (DDS-1205) that the Department of Driver Services intends to suspend your license. You have the ability to drive with the DDS-1205 for up to 45 days. However, most importantly, you have only 30 days to request a hearing or choose to have the Ignition Interlock Device in a car you drive for 12 months with a limited permit. Missing this critical 30 day deadline means losing the chance to challenge the suspension and/or keep driving with the device and limited permit.
• The criminal case. This is the DUI charge itself along with any other offenses, which is handled in Municipal, Probate, Recorder’s, State, or Superior court depending on where you were arrested and the charges involved. It typically includes an arraignment, review of the evidence (discovery), pretrial motions, negotiations with the prosecutor, and, if necessary, a trial.

Decisions made early in the process can affect both tracks, which is why it pays to speak with an experienced DUI Attorney before your first court date or license deadline.

Types of DUI Charges in Georgia

Georgia law allows the State to charge DUI in several different ways. You may be accused of driving with a blood alcohol concentration of 0.08 or more (0.04 for commercial drivers and 0.02 for drivers under 21), or of being a “less safe” driver because of alcohol, drugs, or a combination of both. Georgia also prosecutes DUI cases involving illegal drugs and prescription medications, even when the medication was lawfully prescribed. Penalties increase for repeat offenses and can lead to habitual violator status.

Common Defenses in Georgia DUI Cases

A DUI arrest is not a conviction. The State must prove every element of the charge beyond a reasonable doubt, and there are often weaknesses in the evidence. Depending on the facts, a defense may focus on:

• The traffic stop. Officers need a lawful reason to pull you over. If the stop was not justified, the evidence that followed may be suppressed.
• Field sobriety tests. Standardized Field Sobriety Tests must be administered and scored according to specific guidelines. Medical conditions, weight, footwear, weather, road surfaces, and nerves can all affect performance.
• Breath testing. Breath test results depend on properly maintained and certified equipment, a trained operator, and a proper observation period before the test.
• Blood testing. Blood evidence requires a valid warrant or consent, proper collection and storage, and a documented chain of custody through the crime lab.
• Implied consent warnings. Officers must read the correct Implied Consent Notice at the right time. Officer mistakes can affect whether a test result or a refusal can be used against you.

Because I have completed the same field sobriety and DUI detection training that police officers receive, I know what officers are supposed to do, and I look closely at whether they administered these evaluations correctly.

Georgia DUI Frequently Asked Questions

Will I lose my license after a DUI arrest?

Not necessarily. You may be able to challenge the administrative suspension at a hearing or keep driving by installing an ignition interlock device, but you must act within 30 days of your arrest.

Can a DUI be reduced or dismissed in Georgia?

Georgia law restricts plea bargaining in DUI cases, but outcomes such as a reduction to reckless driving or a dismissal are sometimes possible when there are problems with the State’s evidence. Every case depends on its own facts.

What if I refused the breath or blood test?

A refusal can lead to a longer license suspension and may be used as evidence at trial. However, refusals can be challenged, particularly if the implied consent warning was read incorrectly or at the wrong time.

Is a first DUI a misdemeanor in Georgia?

Yes. A first DUI is generally a misdemeanor, but it still carries jail exposure, fines, probation, community service, a risk reduction program, alcohol and drug evaluation, victim impact panel and license consequences, and it stays on your criminal history permanently.

Every case is different. Contact me today or call (404) 403-2665 for a free, confidential consultation about your situation.