DUI Lawyer in Atlanta: Georgia DUI Attorneys Near You

A DUI lawyer handles two separate cases after a Georgia arrest. One is the criminal charge in court. The other is the administrative case over your driver's license. Two clocks start at arrest. You have 30 days to file a Department of Driver Services license appeal or elect the ignition interlock option. Your first court date follows soon after.

Missing that 30-day window is a common and costly mistake, and it is avoidable. If you want the underlying law before anything else, start with our full guide to Georgia DUI laws, BAC limits, and penalties.

This page is written by Larry Kohn and Cory Yager, Atlanta DUI attorneys at Kohn & Yager LLC.

Why Choose Our Atlanta DUI Lawyers

Kohn & Yager LLC is a three-lawyer firm dedicated to DUI defense. Together, our lawyers bring more than 89 years of combined experience defending drunk driving charges in Georgia. That focus matters. DUI cases turn on machine calibration, roadside test procedure, and license deadlines that general practices rarely touch.

Cory Yager worked as a police officer before he became a defense lawyer. He has now spent more than 15 years defending thousands of Georgia DUI cases. He knows how officers are trained to write reports and run roadside tests, because he was trained the same way.

We take cases with hard facts. A high breath test result or a bad video does not make us decline a case. Even where breath alcohol test results are triple the legal limit, the instrument records and the operator's procedure remain open to challenge. We do not judge the people who call us. Not every DUI case ends in a dismissal or an acquittal. When a case cannot be won outright, damage control still has real value. That can mean protecting your right to drive, limiting jail exposure, and keeping the sentence manageable.

We practice across Georgia, not just in the metro Atlanta counties. What happens in your case depends on the facts, the evidence, and the court that hears it. No attorney can guarantee a result, and results depend on the specific circumstances of each case.

Our Atlanta DUI Lawyers Literally Wrote the Book

Our lawyers co-author The Georgia DUI Trial Practice Manual. Thomson Reuters publishes it, and a new edition comes out every year. The book has been the leading Georgia DUI reference since 1995 and now runs more than 1,400 pages. Judges, prosecutors, and defense attorneys across the state keep it on their desks. Mr. Yager and Mr. Kohn joined senior partner William Head as co-authors beginning in 2023.

Mr. Head also wrote 101 Ways to Avoid a Drunk Driving Conviction, one of the first widely read books on defending drunk driving charges. He holds board certification in DUI defense.

Here is why that matters to you. The statutory analysis, the suppression arguments, and the breath testing science in that manual are the same tools we apply to a client's case. When we argue that an officer skipped a step in the implied consent process, we argue from material we write for other lawyers. Writing the book each year also keeps us current on the appellate decisions that change how Georgia DUI cases are tried.

Georgia DUI Penalties and Why They Never Come Off Your Record

A DUI conviction in Georgia is permanent. Georgia law does not allow record restriction or sealing of a DUI conviction, so a first DUI conviction stays on your criminal history for life. That single fact drives most of what a DUI lawyer does early in a case.

Georgia law defines the offense of driving under the influence, and its sentencing subsection sets the range for a first conviction. The statute allows up to 12 months in custody and a fine in the $300 to $1,000 range, plus surcharges. It requires at least 24 hours in jail if your blood alcohol concentration was 0.08 or higher. It also calls for 40 hours of community service and a clinical evaluation. A DUI Alcohol or Drug Use Risk Reduction Program applies, along with 12 months of probation less any jail time served. These are the limits the statute allows, not a prediction of what a court will impose in your case.

Repeat cases climb quickly. A 2nd DUI in GA carries a minimum of 72 hours in jail. A third can bring 15 days and up to 12 months. On a second or subsequent conviction within five years, the court must order the license plates of every vehicle registered in the driver’s name to be surrendered. After a second DUI, a driver faces at least 120 days with no driving for any purpose. Full reinstatement then requires an 18-month wait and reinstatement fees.

The license case runs on its own track. If the officer took your plastic license, treat it as an emergency. Within 30 days of arrest you have two options. You can file an appeal with the Georgia Department of Driver Services and pay the $150 filing fee. If you qualify, you can instead install a 12-month ignition interlock device and get the DDS limited permit. Your lawyer handles both the civil license case and the criminal case.

The sentence is only part of the cost. Employers run background checks, and a permanent DUI conviction shows up on them. A commercial driver may face CDL disqualification even when the arrest happened in a personal vehicle. Insurance rates often rise sharply. Non-citizens and licensed professionals such as nurses, teachers, and pilots may face immigration or licensing review. Depending on the facts, these effects can outlast the probation by years. Our network has catalogued 97 Adverse DUI Consequences that can follow a Georgia conviction.

How a DUI Lawyer Builds Your Defense

A DUI defense is built from the record. We start with everything the State has: dash-cam and body-cam video, the arrest report, and the officer's training file. Maintenance and certification records for the testing instrument matter just as much. A few recurring issues decide most of these cases.

The legality of the stop. An officer needs reasonable, articulable suspicion of a traffic violation or of criminal activity to pull you over. If the video does not show the weaving or the equipment violation described in the report, the stop is open to challenge. When a court suppresses the stop, the evidence that follows it usually goes too.

Field sobriety test administration. The three standardized tests are the horizontal gaze nystagmus, the walk-and-turn, and the one-leg stand. Each has a validated procedure. Officers must give specific instructions, watch for defined clues, and account for conditions. Tests given on a sloped shoulder, on loose gravel, or beside passing traffic are open to attack. So are tests given to someone with a knee injury, an inner ear condition, or significant excess weight.

Breath testing on the Intoxilyzer 9000. Georgia uses the Intoxilyzer 9000. The operator must hold a current permit, and the instrument must be working properly with all electronic components attached. The State also relies on an observation period before the test, commonly 20 minutes, during which nothing may enter the person's mouth. A burp, a tobacco pouch, or a shortened observation period can undermine the result.

Implied consent notice. Georgia's implied consent law sets out the exact notice an officer must read, and the timing matters. If the officer reads the wrong age-based version or garbles the required language, a court may exclude the test result. That one ruling can change the whole case.

Independent testing. After you submit to the State's test, Georgia law gives you the right to an independent test by someone of your own choosing. If you asked for one and the officer did not reasonably help you get it, the State's result may be excluded.

An Atlanta DUI lawyer who works through these issues early has more room to negotiate later. Prosecutors weigh a case differently once a suppression motion is on file.

What to Expect After a Georgia DUI Arrest

Most people call with the same question: what happens now? Here is the usual sequence in a Georgia DUI case.

Release and bond. Most first offense arrests end with release on bond within a day, sometimes on a signature bond. You leave with paperwork that includes your court date and, in most cases, a temporary driving permit form.

The 30-day license deadline. This is the first real deadline. Within 30 days you either appeal the administrative suspension to the Department of Driver Services or elect the ignition interlock option if you qualify. Miss it, and the suspension takes effect by default.

Arraignment. At arraignment the court reads the charges and takes your plea. Defense lawyers usually enter a not guilty plea here to preserve every option and to start the filing deadlines for motions.

Discovery and evidence review. The State turns over video, reports, test records, and the officer's certifications. A former officer's eye helps at this stage. Cory Yager reads reports and dash-cam footage against the training officers actually receive, and gaps between the two show up quickly.

Motions to suppress. If the stop, the roadside tests, or the breath test has a defect, we file written motions and argue them at a hearing. The judge decides what evidence a jury may hear.

Negotiation or trial. After the motions, the prosecutor's position often changes. Some cases resolve through negotiation. Others go to a jury. Which path makes sense depends on the evidence, your record, and your priorities.

Timelines vary a great deal. A metro case commonly runs several months to a year. County backlog, lab turnaround on blood cases, and the court's motion calendar all affect the pace. Two similar cases in different counties can move at very different speeds.

DUI Lawyers Serving Atlanta and All of Georgia

Where your case is pending changes how it is handled. We appear regularly in the state and superior courts of Fulton, DeKalb, Cobb, Gwinnett, and Clayton counties. We also handle cases in the municipal courts of Atlanta and the surrounding metro cities. Our lawyers travel statewide to courts in Athens, Macon, Augusta, Savannah, Columbus, and Dalton. Drivers searching for DUI attorneys near me outside metro Atlanta can reach our network anywhere in the state.

Local familiarity is practical, not sentimental. Each court runs its DUI docket differently. Some set motions promptly, and others hold cases for months. Prosecutor offices differ on when they will consider a reduction and what they require in exchange. Some counties operate DUI or accountability courts with treatment tracks that may matter in a repeat case, and others have none. Municipal courts often bind cases over to state court, which resets the timeline.

Searches like best DUI lawyer near me are a reasonable starting point, but the phrase alone tells you little. What helps is an Atlanta DUI attorney who has stood in the courtroom where your case is set. Knowing how that judge handles suppression motions matters more than the search phrase. When you call, tell us the county and the court printed on your citation. An Atlanta DUI lawyer can often describe the road ahead from those two details alone.

Common Questions About Hiring a DUI Lawyer in Georgia

How fees are structured. Most Georgia DUI defense is quoted as a flat fee rather than an hourly rate, so you know the cost up front. Ask what the quote covers. A complete quote states whether it includes the administrative license hearing, pretrial motions and hearings, and trial, or whether trial is billed separately. Ask about expert witness costs and court fees, which are usually separate.

What to bring to a free consultation. Bring the citation, any paperwork from the jail, the implied consent or permit form, and your court date. If you have your own photos, video, or the names of passengers, bring those too. Write down what you remember while it is still fresh.

Why a general practice lawyer is the wrong fit. DUI is a technical, deadline-driven area of law. A family lawyer or a general practitioner may be excellent in their own field. They can still miss the 30-day license election or misread an Intoxilyzer certification record. A defective implied consent reading is easy to overlook too. Ask any lawyer you interview how many Georgia DUI cases they handled last year.

How soon to call. Call as soon as you can. The 30-day deadline runs from the arrest date, not from your first court date, and the paperwork takes time to prepare. Waiting can also cost you evidence, because some video systems overwrite footage on a fixed cycle.

If this is your first offense, read our guide to a first offense DUI in Georgia. Our overview of Georgia DUI penalties covers the sentencing tiers in more detail.

Talk to an Atlanta DUI Lawyer Today

The consultation is free and confidential, and you will speak with a lawyer who defends DUI cases every day. Call early. The 30-day license appeal window does not pause while you think it over. Options available in the first week may be gone by the sixth.

You will get a candid read on your case, not a sales pitch. If the facts are difficult, we will say so and explain what damage control looks like. If we see a real defense, we will explain that too. Our lawyers bring decades of Georgia DUI defense experience and co-author the state's leading DUI manual, but no lawyer can promise a result. Request a free case review and let us look at what actually happened during your stop.

Frequently Asked Questions

How much does a DUI lawyer cost in Georgia?

Most Georgia DUI lawyers charge a flat fee. The amount depends on the county, the level of the charge, and whether the case is likely to go to trial. A first offense misdemeanor generally costs less than a felony or a repeat case. Ask for the fee in writing and confirm exactly what it includes.

Can a first DUI be removed from my record in Georgia?

No. Georgia law does not allow record restriction or sealing of a DUI conviction, so it stays on your criminal history permanently. That is why the outcome of the case matters so much. A dismissal or a reduction, where the facts support one, is the realistic path to keeping your record clean.

How long do I have to appeal my license suspension after a Georgia DUI arrest?

You have 30 days from the date of arrest. Within that window you can file an appeal with the Department of Driver Services and pay the $150 filing fee. If you are eligible, you can instead install a 12-month ignition interlock device and get the DDS limited permit. Missing the deadline usually means the suspension takes effect.

Do I need a DUI lawyer if it is my first offense in Atlanta?

A first conviction cannot be removed from your record, and Georgia law attaches mandatory jail time, community service, and a Risk Reduction Program to it. Those consequences follow you for life. A consultation costs nothing, and depending on the facts, a lawyer may spot issues in the paperwork that you would never see.

What happens if I refused the breath test in Georgia?

A refusal starts the administrative suspension process, and the same 30-day deadline applies. A refusal suspension can run 12 months, and permit eligibility is limited. Georgia appellate decisions have restricted how a breath test refusal may be used against you at trial, so a refusal case is not automatically worse. It is simply a different case.