Our experienced criminal defense attorneys guide you through each critical stage:

Step 1: Immediate Consultation and Case Evaluation Contact our law office within 24 hours of arrest for your free initial consultation. The arrest date is crucial, as many legal deadlines and hearings—such as requesting a hearing to retain your driving privileges—depend on it. We review all the evidence, police reports, and circumstances surrounding your arrest to identify potential defenses under Georgia law. In some cases, an arrest warrant may be issued by a magistrate judge, outlining the legal procedure for your arrest.

Step 2: Comprehensive Investigation and Evidence Review Our legal team conducts thorough police investigation reviews, interviews witnesses, and gather evidence before it disappears. We examine every detail to build the strongest possible defense for your criminal case. Gathering evidence early in the criminal process is essential to ensure all relevant information is preserved and can be used to support your defense.

Step 3: Strategic Defense Development and Pre-Trial Motions We develop personalized defense strategies based on Georgia criminal statutes and file pre-trial motions to suppress illegally obtained evidence or dismiss charges when appropriate.

Step 4: Prosecution Negotiations Our experienced attorneys negotiate with prosecutors in the district attorney’s office. For serious charges, the grand jury process may be involved, where prosecutors present evidence to seek an indictment before formal charges are filed. We leverage our relationships and legal expertise to secure favorable plea agreements when beneficial to your case.

Step 5: Trial Preparation and Courtroom Representation If your case goes to trial, you may face either a jury trial, where a panel of jurors decides the verdict, or a bench trial, where the judge alone hears the evidence and makes a ruling. If a person accused is found guilty, the court will issue a sentence according to the law. Our proven courtroom experience in jury trials and bench trials gives you the best chance for a favorable outcome before judges and juries throughout metro Atlanta.

Why Choose Atlanta Criminal Defense Lawyers?

The difference between average representation and elite criminal defense can determine your entire future. Our Atlanta criminal defense attorneys bring unique advantages that set us apart in Georgia’s competitive legal market:
• Extensive Courtroom Experience – With over a decade of criminal defense experience, our legal team has handled thousands of criminal cases in Fulton County, DeKalb County, and federal court
• Former Prosecutor Insight – Our former prosecutor understands exactly how the district attorney’s office builds cases, giving us strategic advantages in developing your defense
• Super Lawyers Recognition – Less than 0.1% of criminal defense attorneys achieve top ratings from peer review organizations, and our law firm has earned consistent recognition among the best law firms in Georgia, with awards and high rankings highlighting our reputation among Georgia’s best criminal defense attorneys
• 24/7 Emergency Response – Criminal charges don’t wait for business hours. We provide immediate legal consultation after arrest to protect your legal rights from day one
• Proven Track Record – Our successful defense strategies have resulted in dismissed charges, reduced sentences, and favorable outcomes across all types of criminal accusations

During our meeting, you will learn key details about your case. This can help you greatly. You will have a private conversation with our award-winning legal team after your arrest.
We defend all types of crimes from retail theft (shoplifting) and handle domestic violence arrests as well as all violent crimes. Our approach is both strategic and personalized, ensuring that each client receives the attention and tailored defense they deserve.

Whether they are negotiating plea deals or representing you in court, their goal is to lessen the impact of the charges on your life. Their knowledge and commitment are key in dealing with the complex world of criminal law.

The Trial Procedure in Atlanta Criminal Cases

Going through the trial process in Atlanta criminal cases can be tough. However, having an experienced Atlanta criminal defense attorney with you can make a big difference. The process usually starts with an arraignment. At this stage, you learn about the charges and enter a plea. If you plead not guilty, your case goes to trial. During the trial, the prosecution shows its evidence and arguments.

Your criminal defense lawyer will work hard to protect your rights. They will challenge the prosecution’s case and make sure all legal steps are followed. Our law firm has a lot of experience in both jury and bench trials. We provide strong courtroom support and smart defense strategies.
We are dedicated to giving you the best legal help. We will guide you through each part of your criminal case and fight for a fair outcome.

Potential Penalties and Defenses in Atlanta Criminal Cases

The consequences of a criminal conviction in Atlanta can be serious. Penalties can include fines, probation, or long prison sentences. Our skilled criminal defense attorney knows how important these outcomes are. We work hard to reduce the impact on your life. We have successfully defended clients in many types of criminal cases. These include violent crimes, white-collar crimes, and drug crimes.

Every case is unique. Our defense attorney will look at all legal defenses to protect your rights. This may include challenging the prosecution’s evidence or questioning police procedures. We may also seek to dismiss charges when it is appropriate. Our goal is to achieve the best outcome for our clients. This could mean reduced charges, acquittal, or alternative sentencing. With our legal help, you can trust that your defense is in good hands. We are committed to your best interests and a fair trial.

Frequently Asked Questions About Atlanta Criminal Defense

How soon should I contact a criminal lawyer after an arrest in Atlanta? You should reach out to a skilled criminal defense attorney right after your arrest. The time right after your arrest is very important for keeping evidence and protecting your rights. The date of your arrest matters a lot, as many legal deadlines depend on it. For example, you need to request a hearing to keep your driving privileges. Our law office offers 24/7 emergency consultations. This way, you can get legal help when you need it most.

What are my Miranda rights under Georgia law? You have the right to remain silent. You also have the right to have a lawyer with you during police questioning. Use these rights right away. Ask to speak with a criminal defense lawyer before answering any questions about your case.

Can charges be dropped before trial in Fulton County court? Yes, our skilled lawyers can file motions to dismiss charges before trial. This can happen for a few reasons shown below:

1. Evidence was obtained illegally.
2. Your rights were violated.
3. The prosecution cannot prove all parts of the crime beyond a reasonable doubt.

What is the difference between felony and misdemeanor charges in Georgia? Felony convictions can lead to prison sentences over one year. They also create permanent criminal records with serious long-term effects. Misdemeanors usually involve shorter jail time and less severe penalties. However, they still need skilled legal defense. The legal system classifies offenses as felonies or misdemeanors. This classification affects the procedures and possible penalties.

What Atlanta Clients Say About Our Criminal Defense
Criminal Cases We Handle in Atlanta, GA

Our skilled criminal defense lawyers help anyone accused of a crime. We cover all types of criminal charges in Georgia state courts and federal court. We are ready to handle any legal issue related to criminal law.

DUI and Traffic Offenses

– DUI defense and license suspension hearings
– Reckless driving and traffic violations
– Protection for commercial driver licenses
– Cases of fleeing or eluding police

Drug Crimes and Possession Charges

– Charges for drug possession and distribution
– Trafficking and conspiracy cases
– Offenses involving prescription drugs

White Collar Crimes and Fraud Cases

– Embezzlement and financial fraud
– Tax evasion and money laundering
– RICO and racketeering charges

Violent Crimes and Assault Charges

– Aggravated assault and battery
– Domestic violence and family violence
– Felony murder and homicide defense

Federal Crimes and Juvenile Defense

– Federal court representation
– Juvenile court proceedings
– Sex crimes and serious felonies

Other Charges Handled

– Disorderly conduct

Flexible Payment Options
We offer fair legal fees and payment plans. We also provide free initial consultations. This helps make quality legal help available during tough times.

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, setting up a free lawyer consultation near me with the best DUI attorney 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 This Year?

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.

Newest 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 lawyer consultation near me 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 to schedule a free attorney consultation near me at one of our 4 Atlanta-area criminal defense law firms.

The most common major error made by those arrested for DUI in Georgia is talking and answering police questions before (or after) being arrested. Nothing but your NAME and ADDRESS are required. The right to remain silent eludes too many citizens being investigated for DUI. No statute found in DUI laws in Georgia requires anyone to attempt field teats of any type.

Additionally, for those who took the implied consent test, every person should have asked for an independent test by medical personnel of their own choosing. This right for receive and pay for subsequent testing at a 24-hour Doc-in-the-box or emergency room is available to all who submitted to the State’s post-arrest DUI testing.

What’s a DUI “less safe?” Their traffic ticket often reports that they face Georgia DUI statute 40 6 391 (a)(1), for the crime of operating a motor vehicle while it was safe for the person to drive, due to alcohol consumption. These charges are based upon circumstantial evidence and not on a forensic test of blood, breath, or urine.

Reading over the arrest paperwork, the person charged with driving under the influence sees that (by not taking the post arrest testing offered by police) there was a violation of Georgia’s implied consent driving statute. By virtue of that non-compliance, he or she has only 30 days to either appeal the DUI refusal in Georgia or opt for a 12-month ignition interlock device. Otherwise, the accused Georgia driver will suffer a 1-year license suspension in GA.

Georgia DUI per se Alcohol Charges. For Georgia first DUI arrests where the arrested driver did submit to the officer’s requested breath test at the station, or a blood alcohol test, also had her or his driver’s license taken. Plus, if over the legal limit, she or he will receive similar Georgia DUI license suspension notification seeking to take that driver’s license. In these GA DUI first offense cases, the same thirty-day deadline applies, for those who appeal.

Yet, that person’s paperwork also shows that a charge for DUI less safe in Georgia was accused against that motorist who complied with post-arrest testing, as directed by the Georgia implied consent card. So, this person faces OCGA Section 40-6-391 (a) (5) charges and O.C.G.A. 40-6-391 (a)(1).

Why Do I Have Two DUI Charges in Georgia?

Most states allow a police officer making a DUI alcohol arrest to prosecute the accused motor vehicle operator in alternative ways. Other states, like South Carolina and Oklahoma, have DWI-DUI laws that require the prosecutor to “elect” which type of driving while intoxicated charge (i.e., per se DUI or “less safe” DUI) to accuse, in the criminal court case, and then move forward to trial and prosecute.

One way is for violating GA DUI laws, by being over the Georgia DUI limit, which is 0.08 grams percent, for adult drivers ages 21 and over. The other is that this same driver was also rendered “less safe” to drive by whatever amount of alcohol he or she imbibed, prior to this police encounter.

Is there a Different CDL DUI Limit? Yes, all CMV (commercial motor vehicle) operators while in a big rig truck, bus, school bus, or a high-capacity van (60 or more passengers) are held to a 0.04 BAC level.

Underage Drivers are Subject to the Georgia DUI Laws Zero Tolerance. Any vehicle operator under the age of 21 when arrested for DUI is held to a zero-tolerance standard. Since it is illegal for such drivers to possess alcoholic beverages, the Georgia Legislature enacted laws that holds them to a zero-alcohol level. Although that “number” reads as being 0.020 grams percent or less, this is half a beer for most young drivers, if smaller than 130 pounds.

Wording of the GA DUI Law, OCGA 40-6-391 and Its Six Main Subsections

The Different Ways the DUI can be Committed in Georgia

A person shall not drive or be in actual physical control of any moving vehicle while:

(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;

(2) Under the influence of any drug to the extent that it is less safe for the person to drive;

(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;

(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;

(5) The person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or

(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person’s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood.

On a person’s 1st in 10 DUI, the person found guilty of a misdemeanor can never have that conviction removed from their criminal history. The same is true for any subsequent convictions. This is the primary reason that many accused citizens do not hesitate to hire the best Georgia DUI lawyer who knows how to beat a DUI in Georgia.

A 2nd DUI in GA is also a misdemeanor, but a 3rd DUI within ten years constitutes a “high and aggravated” misdemeanor. Read below how this can be “habitual violator” if a conviction is for a 3rd DUI within 5 years.

DUI in GA: Each New DUI Offense Ramps Up Georgia DUI Punishments

DUI in GA ages 21 and over, a limited driving permit may be obtained by most (but not all) drivers facing a 1st DUI in GA. For offenders not licensed in the Peach State, a total loss of the ability to drive in Georgia may exist for at least 120 days.

1. A person already suspended for a “refusal to be tested” administrative license suspension in the current driving while impaired case, based on an earlier DDS Georgia adverse ruling for an implied consent “refusal to be tested” can block that convicted driver from getting reinstates until the passage of one (1) full year has passed from the date that ALS suspension went into effect. A limited driving permit is not available to any driver under such administrative “refusal” suspensions.
2. DUI classes (which are also called the Georgia “Risk Reduction” program), must be completed to EVER reinstate the offender’s full right to drive again in Georgia. Otherwise, at the end of 12 months from the conviction date, that driver can no longer legally operate a motor vehicle in GA.

This DUI class requirement applies to any driver, whether licensed in Georgia or not, when it comes to legally driving in Georgia. Georgia Department of Driver Services will accept a similar alcohol and drug education driving school certificate from sister states. These similar driving safety programs can supply suitable proof of completion of a Georgia DDS-approved program.

2nd DUI in Georgia. Georgia has a 10-year Georgia DUI lookback period for the criminal law aspects of a 2nd DUI case. The measurement is date-of-arrest to new date-of arrest. For all DUI convictions, getting any type of license back requires paying reinstatement fees to DDS GA.

However, the administrative law (implied consent-related) lookback period is for 5 years. This is very confusing to most repeat offenders, but can be explained by their legal counsel, in the context of how it will affect the accused person’s case.

Georgia DUI penalties for a second offender can be drastically harsher than the “slap-on-the-wrist” of a DUI first offense. The disruption caused by a DUI second offense is dramatic in many self-employed citizens’ lives.

Fines will go up sharply. Six times more community service will be ordered (240 hours or 30 days of community service). Mandatory 17 weeks (or more) of alcohol and drug treatment will be required. Minimum jail time says 72 hours, but judges in any county with a DUI court program will be holding a threat of 90 days of jail or 120 days (or possibly more) for the second offender, with other harsh terms and conditions being imposed for the remaining probation period.

All motor vehicle tags are confiscated at sentencing and are only returned when certain conditions are met. Your case disposition gets published in the local newspaper at your expense. These drivers have a 120-day total loss of ability to drive, followed by possibly qualifying for an interlock restricted permit. It will be 18 months (or longer) to be allowed to apply for a new plastic license.

3rd DUI in Georgia. The same harsh treatment as for second offenders within 10 years apples to 3rd offenders. Those who decline DUI school, if offered by that county, are looking at half a year or more behind bars.

Plus, this jail time is “high and aggravated,” which means that normal “good time” credit is not allowed. You can only get 4 days of “good time” for every 30 days of jail you serve.

However, if this is a third within 5 years, he or she gets served as a “habitual offender,” triggering a revocation of the driver’s entire driving privileges. That person must wait 5 years or more to start over and try to qualify for a new driver license.

In that interim period, no driving AT ALL can occur for the first 24 months, at a minimum. Later, by jumping through many hoops, some ignition interlock restricted driving may be possible on a probationary license.

Felony 4th DUI in Georgia if this is 4 DUIs within 10 years. A Georgia felony DUI brings potential State prison time of up to 5 years in prison. Fines and surcharges can reach $10,000. Community service hours go up to 480 hours. See the full list of court-ordered punishments for felony DUI in Georgia on the Georgia DUI Chart provided here.

What other Georgia DUI Law Firm specializing in DUI Defense has Three DUI Law Book Co-Authors?

Our three legal book co-authors are multiple time recipients of annual Georgia Super Lawyers recognition. Also, being highest ranked by Martindale-Hubbell, our lawyers for DUI near me are as well-versed on drunk driving laws as any Georgia DUI attorneys. To talk about fee payment plans and obtain a FREE lawyer consultation, contact us at 404-567-5515 today.

Let our legal professionals help you make the RIGHT decision about fighting your GA DUI case. If you are interested in having one of our partners aggressively FIGHT for you, will an all-out effort to keep a DUI off your permanent record, call today for your FREE consultation. Plus, see the links below, for more information.

How to get a Suspended License Reinstated, after an Administrative License Suspension in Georgia

Positive DUI GA Stories

What a Speeder faces in the Peach State. About 15% of all DUI traffic stops in GA are for speeding offenses. If arrested for DUI and a super speeder GA ticket, a high percentage of these drivers will be facing potential jail time.

With up to a $1000 fine and additional state surcharges and assessments, the total cost for speeders can be almost $1500, in total fines and fees. Plus, some drivers who flaunt Georgia speed limit laws may find that their state driver license bureau suspends or revokes them anyway, once Georgia reports this high-speed offense!

The Georgia super speeder fine. The Georgia super speeder fee is an added tax penalty is $200. The same assessment is added on out-of-state drivers and Georgia drivers.

For many, their next auto insurance premium rate may jump substantially after a super speeder violation. Being billed after settling the criminal case in Georgia for speeding and being hit with the $200 Georgia super speeder cost really aggravates many.

How to fight a super speeder ticket. Our law firm’s approach is three-fold: (1) Handling for our client without her or him having to appear in court by use of powers of attorney; (2) Try to avoid the super speeder taxation, by negotiating the case with the prosecutor, and (3) Having the case handled in the best available manner to settle it with the fewest points and the lowest fine.

This approach is extremely important for any super speeder GA under 21. At our direction, the underage driver will also proactively complete a defensive driving course.

What Is a Super Speeder Georgia Ticket?

What is considered a super speeder in GA? On any highway, including interstates, going 85 mph or over qualifies. Other than superhighways, two-lane roads (meaning a single lane going in opposite directions) becomes a super speeder Georgia if traveling at 75 MPH or more.

A Speeding Ticket in Georgia is the theme of many TV shows and movies. The Georgia speeding ticket cost is not just what you pay in court. Just for the speeding at 15 mph or more over the limit, you can have “demerit” points added to you GA DDS (other state’s DMV-DPS-BMV), plus can be required to do jail time.

What about for Super Speeder GA drivers under the age of 21? Complex issues arise for any super speeder under 21 Georgia case. This is because a ticket for going 15 MPH or more over the limit suspends these drivers.

A Six to Twelve Month License Suspension for Drivers under 21. Their license will be suspended for 6 months on a first high speed violation, and 12 months for a second traffic violation resulting if it creates 4 or more demerit points at GA DDS.

How much is a Super Speeder ticket in GA? Driving “points” will follow almost all criminal traffic court cases. Up to 6 points can be added for one speeding ticket. Plus, with some high-speed citations, an officer may also accuse that dangerous driver with reckless driving GA.

Also, underage drivers get hammered with a lengthy license suspension, on any super speeder ticket in GA under 21. Yet, the super speeder law in GA does not add more points.

Paying Georgia DDS Online – Pay Super Speeder Ticket in Georgia

I just want to Pay Super Speeder GA. A speeder who self-represents and goes to court alone and pleads guilty or nolo contendere to her or his ticket often pays a hefty price. The first big cost will be the court-related expense, but often will be followed by a car insurance premium boost plus possibly causing a license suspension, at least for young drivers not yet 21 years of age.

How to get a super speeder ticket off your record. The only way is to get the speed lowered or amended to a different speed.

Lastly, unlike golf, once the mistake is apparent, you do not get a “mulligan.” Yes, you can hire a traffic lawyer to try to vacate that plea and reopen the case, but such efforts are more costly than if you originally hired a traffic attorney near me to handle the whole case.

In addition, the success rate for getting a good result with a Georgia super speeder law violation, under these facts is lower than if you let your legal advocate structure the best-case resolution from the outset. Like having surgery, you only want to go “in” one time.

If you failed to hire a lawyer to handle your criminal case (and try to avoid the super speeding fine), and now simply need to pay a super speeder assessment, go to the DDS Georgia website: http://www.dds.ga.gov/. Also, read more at https://www.superspeedergeorgia.org.

Georgia super speeder pay address. The DDS GA mailing address (for sending money orders) is Georgia Department of Driver Services, P.O. Box 80447, Conyers, GA 30013.

Does a Georgia speeding ticket formally charge me of a crime? Yes, speeding in Georgia is a misdemeanor NOT a traffic infraction. Make the FREE call today and learn your legal rights, your options to fight or negotiate, and the potential penalties for speeding in Georgia.

Don’t just go to court alone and expect the case to be continued! In almost all Georgia traffic courts, we can get a Power of Attorney from you and keep you from having to appear. For every misdemeanor traffic offense, our Constitution guarantees every defendant to trial by jury, even on traffic ticket. charges.

Cory Yager, Larry Kohn and William Head have “been there, done that” in these very tough cases. Remember, if you go to court alone and get convicted (or go with a lawyer who misinformed you of the consequences of your court case disposition) the chances of us being able to “undo” this mess are diminished.

Contact us online today or (for a FREE lawyer consultation) call today at (404) 567-5515 to have your initial, no-cost speeding ticket attorney consultation with attorneys near me in metro Atlanta.

What is the number of points at which I will be suspended? This depends on the age of the driver, so see this Georgia points on license link

This article has discussed Peach State super speeder GA violations. Call Larry Kohn, Cory Yager, or 46-year veteran traffic lawyer near me in Atlanta, William C. “Bubba” Head, to receive an assessment of your case, and get honest answers to all your questions.

Tell our motor vehicle crime lawyers near me everything that happened during this police encounter, and everything that you remember about your driving conduct and the law enforcement officer’s dealings with you.

Read the language of the GA super speeder law under OCGA 40-6-189.

Which Gwinnett County courts handle criminal traffic cases like DUI in GA, hit and run GA and speeding?

Georgia’s busiest traffic ticket court: Atlanta Municipal Court

Some misdemeanor traffic crimes are “categorized” by GA laws to be such serious crimes with the potential to injure or kill that these serious misdemeanors can become a “predicate driving offense” that supports a related felony conviction. Causing serious injury to another while drunk or driving recklessly (or both) is all that is needed to enable a jury to then find that you are not only guilty of one of those crimes, but also for the related felony consequence of one or both of those dangerous driving acts.

Multiple victims (in Georgia) means that the DUI prosecutor can ask the court to stack punishments for each, end-to-end, which is called consecutive sentences. In one of the author’s GA SIBV cases, there were ten (10) seriously injured people, which meant up to 150 years of potential jail time.

If charged with driving under the influence and you are indigent and qualify for a public defender, this option for a free criminal lawyer near me must be taken, over trying to self-represent. The 6th Amendment of the United States Constitution allows your criminal law lawyer to “hold off” all potentially incriminatory conversations or civil case proceedings until the criminal case is resolved.

One or more seriously injured victims of an alleged drunk driver mean that a felony prosecution is likely. That arrested DUI driver will be accused of committing a felony serious injury by vehicle (SIBV) crime, with separate and distinct criminal “counts” for each seriously injured victim.

One more daunting note about serious felony charges that are predicated upon a Georgia reckless driving or DUI in Georgia (or both) is the potential loss of driving privileges. If convicted of SIBV, the minimum license revocation period is for three (3) full years. No limited permit or ignition interlock device restricted privileges to drive are available. In addition, Georgia DDS cannot grant you an early reinstatement, regardless of your need to drive to support your family.

Not all DUI defense attorneys have accumulated litigation experience in many of these types of felony prosecutions. Since each charge can lead to 1 to 15 years in a Georgia prison, you cannot just rely upon representation by local attorneys nearby who are friends of relatives of one of your neighbors. The fact that the injured person is related to you (or possibly is your best friend) does not change Georgia law about charges pursuant to OCGA 40-6-394.

Being Contacted by an Insurance Company or Personal Injury Attorney Representing Victims

Being prosecuted for a serious injury by vehicle GA based on underlying DUI charges also permits you to invoke your 5th Amendment right to remain silent. This Fifth Amendment right applies to civil law cases (like a personal injury case) in which an Atlanta personal injury lawyer is calling for you to submit to a civil deposition about the crash. Depositions are pre-trial conferences (in civil litigation) at which sworn testimony is taken as part of the staging of the civil case.

Any criminal justice lawyer who has handled over a dozen of these complex litigation cases and has been able to avoid lengthy state prison sentences can be kept on your list of criminal law attorneys for the car or truck accident case that led to you being arrested by law enforcement. Most of such experienced and skilled criminal defense attorneys will be a DUI lawyer near me in Atlanta, with his or her office for their criminal attorneys being in one of the four metro counties.

In civil litigation, the common damages sought to be recovered by PI lawyers in Atlanta can amount to hundreds of thousands of dollars very quickly. These loss items may include the victim’s lost wages, plus recovery for medical bills, present and future rehabilitation expenses, possibly future surgeries, pain and suffering and lost future earnings, if rendered unable to work again, from the DUI car accident.

In the Peach State, it is common to see the District Attorneys base the GA SIBV charges on both driving impaired (DUI) under O.C.G.A. 40-6-391, as well as alternatively accusing you of reckless driving GA under OCGA 40-6-390. Each of these can be the underlying serious driving offense (as defined by Georgia motor vehicle laws) that supports the bringing of serious injury by vehicle charges in Georgia.

Below the authors discuss some possible defenses to the underlying drunken driving charge or drugged driving charge. By defeating the DUI “predicate driving offense,” the jury would then be blocked from convicting the person of SIBV based on impaired driving.

In Many SIBV GA Cases, Defeating the DUI Charge or Reckless Driving Charge Can Be the Path to Victory

This last statement tells you why you need to focus on hiring the best DUI lawyer near me, since beating the DUI is likely the #1 angle for preventing a felony conviction. Perhaps no other lawyer in America has spent more time explaining the many ways that a DUI case can be defended than William C. Head. The University of Georgia law grad has been litigating DUI GA cases since before Jimmy Carter was elected President.

In 1991, he co-authored 101 Ways to AVOID a Drunk Driving Conviction. This year (2022), he is publishing 202 Ways to Avoid a Drunk Driving Conviction. So, even when a breath alcohol test is “in evidence” skilled DUI litigators can sometimes defeat a breath alcohol test or possibly a blood test for drugs, or alcohol, or both alcohol and drugs.

Atlanta DUI lawyer Cory Yager is an ex-cop with over 1,000 DUI arrests to his credit. Georgia attorney Yager is an NHTSA standardized field sobriety test instructor for the DUI roadside tests, and a DUI legal topic book co-author. He has been rated by Super Lawyers and Martindale Hubbell for several years in a row.

DUI defense attorney Larry Kohn has been working with William Head since June of 1996, when he was a law student at Georgia State College of Law. Also, the Emory University undergrad is a published, national law book co-author, he is one of Georgia’s most highly reviewed attorneys with AVVO. As a Super lawyer in GA, he is also one of Georgia’s Best Lawyers in America, for multiple years.

DUI defense lawyer Bubba Head, a criminal attorney since 1976, has accumulated over 4 decades of honors and awards for DUI defense. He has written, co-authored, and updated more than 30 books (or updates) on defending misdemeanor and felony DUI prosecutions. One of the original 12 Regents of the National College for DUI Defense, the Columbus, GA native has amassed over 80 different annual highest lawyer ratings awards.

Atlanta Injury Lawyer Criminal Defense Strategies that Have Been Successful

Why not contact us for our free criminal defense lawyer advice? Unlike medical doctors, you can obtain no-cost legal advice from top-rated litigation professionals, who are 24-hour DUI lawyers. When you need a determined and skilled accident lawyer Atlanta to fight the civil litigation attorneys and the criminal prosecutor, you have come to the right place.

Call today for a chance to have your case facts reviewed by criminal lawyers near me, free consultation lawyers with our Georgia law firm. Dial 404-567-5515, for a 24-hour criminal lawyer. Hire a legal warrior for your case, which may be the best money you ever spent.

DISCLAIMER

In contacting our law firm for legal advice or professional help to decide how to handle your representation for a criminal offense, be aware that any posted website content, blog content, testimonials, case reports, email communication, phone call discussions, checklists of certain practice areas, and can only provide an overview, not complete information, in most clients’ cases.

As our experienced law office professionals work to find answers to your criminal case questions, our litigation team will endeavor to maintain a strict privacy policy for protecting personal and family information, to prevent any access to personal information from confidential information reported to our legal team.

Copyright 2022. William C. Head. Atlanta, GA. All rights reserved.

What do police say when they arrest you? This is a very common question of our DUI attorneys from our clients in Georgia who are arrested for drunk driving or drugged driving. Georgia is the only state in the Union where important legal advisements are routinely read immediately after arrest at the roadside, rather than at the police station.

Many shocked and surprised clients later assume that the police interrogation case, Miranda v. Arizona is the basis of what is being read. In 99% of all DUI GA cases, if anything at all is being read at the roadway to you by a law enforcement officer, it is the Georgia implied consent notice, and not the Miranda rights words. If any DUI lawyer tells you otherwise, he or she may be misleading you to try to get you to pay that Firm a retainer fee.

When Are You Supposed to Be Read Your Miranda Rights in Conjunction With a DUI in Georgia?

This blog post answers the twelve (12) multiple, similar inquiries our criminal lawyers near me are asked by clients taken into police custody for suspected driving under the influence criminal charges.

1. What do cops say when they arrest you in Georgia? Usually they ONLY read you the green card shown above, which are the statutory words of three variations of the implied consent warnings in the State of Georgia. So, to answer the question, what do police say when arresting someone for impaired driving, it will be these verbal notifications.
2. Do cops have to read Miranda rights? Not in the garden-variety DUI investigation and subsequent arrest. The questions below flesh out this distinction. In other states, an opposite outcome may occur, since a Miranda warning California and a North Carolina DWI case will include Miranda notices, plus be told their implied consent rights.
3. What happens if Miranda rights are not given after a Georgia DUI arrest? If not read your Miranda rights, DUI arrestees in the Peach State can only complain if they were then interrogated by police to elicit more evidence of a crime.
4. Was the DUI warning I received after arrest the DUI Miranda Rights? No, it was not. Police in Georgia are only supposed to read your implied consent rights, telling you about your legal responsibility to submit to a post-arrest chemical test of breath or blood. Verbally declining that test or simply not saying “yes” to taking it, constitutes a basis for that officer to file a DDS 1205 form, administratively suspending your driving privileges in Georgia.
5. Do police have to read Miranda rights? In our initial conversations with those arrested for drunken driving, common questions asked by our clients include, “do police have to read you your rights?,” or “when must Miranda rights be read to me?” Except in rare circumstances, described below, police in GA are trained to NOT read Miranda advisements, for fear that the suspect will believe that she or he can stop the DUI arrest process and call an attorney.
6. Are DUI cases dismissed due to Miranda rights not being read to the person being arrested? Not in the Peach State. No court of law in Georgia will find appellate case authority supporting dismissal for omitting that advisement relating to the 5th Amendment right to not be asked self-incriminatory questions after arrest. Since no additional “custodial interrogation” is typically being undertaken on the way to jail or at the breath testing or blood testing location, Miranda admonishments do not apply.
7. What happens if you are not read your Miranda rights in GA? If you remain silent, this issue is of no importance. However, some angry or aggravated drivers begin a verbal assault or diatribe against the officer, all of which is being recorded. This spontaneous and ill-advised litany of harmful, unsolicited blathering may seal your fate of being found guilty of DUI and end your chance of getting a reduction of the DUI charges.
8. What are the Miranda warnings? Miranda v Arizona is a US Supreme Court case from 1966. It had nothing to do with DWI-DUI laws. In short, the murder case conviction was overturned because the police officer who arrested Ernesto Miranda failed to advise him of his right to have an attorney present during questioning. Nor did the officer tell him he could remain silent, without answering any questions. Lastly, the police did not tell the detained man that if he could not afford an attorney, that one would be appointed for him at no cost. To read the full Miranda rights speech, click on the foregoing link.
9. When do Miranda rights have to be read? In DUI arrests, only when post-arrest incriminatory questions are being asked. In the rare instances when this occurs, the criminal defense attorney representing you can file a motion to suppress all those questions and answers, but not have the case dismissed.
10. In cases where Miranda rights were not read, can this lead to a dismissal of the driving under the influence charge? No, it will not. The best your criminal defense legal advocate could do is to eliminate that evidence by pre-trial motion in limine, so that the jury never hears it.
11. When does a cop have to read you your rights? Occasionally, during the post-arrest inventory of your vehicle before it is towed, an officer may find contraband items or a weapon or new evidence of a different crime, and then he or she will Mirandize that already arrested DUI driver and try to ask for more incriminatory evidence about that potential, new crime.
12. Can you sue for not being read your Miranda rights? Our DUI lawyers have never known about or heard of such a lawsuit being successful.

Contact Our Law Offices Near Me for a FREE Consultation

Let our litigation attorneys explain DUI defense to you in your no-cost free lawyer consultation. If you want straight answers to your questions, our legal advocates are the place to start.

Call today to 404-567-5515 and learn the many ways our legal team gets great results for most clients’ DUI cases. When our legal help is needed, our DUI defense attorneys travel Statewide to defend drinking drivers or those charged with DUI-drugs.

By: Georgia Super Lawyer William C. Head, Georgia’s leading Georgia DUI law book author since 1995

DUI laws in Georgia are searched hundreds of times daily. Post-COVID 19, DUI arrests are back up in numbers equal to or greater than before the Pandemic. Even a first offense DUI in GA has some of the nation’s harshest DUI consequences under its GA driving laws.

Those Georgia drinking and driving laws will be reviewed due to the mandatory punishments and DUI consequences Georgia’s legislators have enacted. DUI penalties in Georgia have multiple immutable punishments that a judge cannot “excuse” or waive.

Some researchers have put the state of Georgia near the top of all US states in having harsh DUI Georgia laws. As identified later in this blog posting, ” is a DUI a felony in GA?” is a very common state-specific query on search engines by those arrested for DUI GA.

The Georgia DUI statute is also unique in many ways, including its “less safe DUI” law, which is discussed below. Since 2019, the current version on the Georgia implied consent law sidesteps the old method of administratively penalizing an arrested motorist who refuses a post-arrest breathalyzer test on the Intoxilyzer 9000.

What Is DUI In the Peach State?

In GA, the crime of drunk driving or drugged driving is committed by a person driving under the influence of alcohol or drugs when impaired. This broad prohibition of driving intoxicated includes being impaired by or under the influence of any drug, toxic vapor while operating or being in actual physical control of a motor vehicle.

When a forensic test is obtained after the driver’s arrest (by way of his or her permission under the implied consent law, or by search warrant for a blood extraction), this evidence is used to support the State’s prosecution. When a driver has refused the implied consent testing, he or she will still face prosecution under the “common law” type of intoxicated by operating a vehicle when it was “less safe for the person to drive,” by virtue of whatever impairing substances were in his or her system.

7 Common Client Questions About a DUI in GA: What Are the Consequences of a DUI?

These questions apply to clients who are facing a first DUI in GA, second offense DUI, 3rd offense DUI, or 4th DUI in Georgia. The wording on OCGA 40-6-391 can be read at this link.

Quickly, the reader realizes the tough consequences for drunk driving. For example, a third DUI offense within 5 years creates HV (habitual violator) consequences of drunk driving, that include a 5-year license revocation.

1. My driver license was taken from me after I was arrested. How do I get it back? You driver’s license was mailed to the Georgia Department of Driver Services and will remain there until your case is concluded. That is what GA driving law requires.

2. How much jail time and I facing, if convicted? On a 1st offense DUI, 24 hours is required for any driver whose BAC level was 0.08 grams percent or more (the Georgia DUI limit for alcohol for adults), on a DUI Georgia first offense.

A 2nd DUI in GA within 10 years bring not less than 72 hours in custody on all cases, with 3rd offense DUI conviction causing not fewer than 15 days in custody. This sentencing will be a “high and aggravated” misdemeanor DUI, meaning that normal “good time” credit (e.g., 2 for 1 jail time in Georgia or 3 days credit for 1 day served) is denied for that convicted citizen.

3 .Is a DUI a Felony in Georgia? Due to being cuffed and thrown into a jail cell, many citizens with their arrest for a 1st offense DUI in GA are convinced that they have committed a felony offense. The Georgia General Assembly wrote Georgia’s laws to mandate jailing every arrestee on any 1st DUI and Georgia, and all other repeat offenders.

For all arrests made July 1, 2008, and after, a 4th DUI offense is a felony in Georgia. The measurement of ten years utilizes “dates of arrest,” which is not always the same standard used by other states.

With 3 DUIs in the prior decade, the 4th DUI offense within a 10-year span is a felony DUI. This calls for up to 5 years in state prison, 90 days (or more) of which must be served, and the remainder of the sentence on probation.

4. Are there hours of community service to be performed? Yes, 5 days of community service (40 hours) are required on a first, 240 hours (or 30 days) on a second or a DUI 3rd offense in the last ten years. Any DUI felony is 480 hours, or sixty (60) days of this community service work. For DUI felony consequences, read more below.

5. Is the risk reduction program (DUI classes) required on every DUI? Yes, if you ever plan to reinstate your GA driver’s license in the future.

6. Can a person with a 1st offense DUI in GA get a limited driving permit? Usually, he or she can. Drivers under age 21 at the time of the plea cannot obtain the limited permit.

Plus, if the ignition interlock device option was declined during the first 30 days after arrest, an administrative license suspension arising from a DUI refusal may still be in place. If this “hard suspension” (due to not taking the implied consent test) is still being served, the driver is barred from driving until 12 full months or license suspension have expired.

7. I read that probation for 12 months is required on first DUI in Georgia, 2nd DUI or third DUI offense. If I do all conditions of the plea, and pay all fines, can the probation period be shortened? Not on a drunk driving Georgia conviction. The Legislators mandated that every day of the probation period must be kept in place.

More About Our Legal Services From Three Award-Winning DUI Lawyers Near Me

Our legal team offers a free lawyer consultation, legal fee payment plans, a no-cost initial DUI case assessment, and a free PDF copy of Mr. Head’s 430-page book, The DUI Book. Bubba Head is one of fewer than 100 Board-Certified DUI lawyers in America.

Call today at 404-567-5515 since our phones are answered 24 hours a day. The author, plus ex-cop Cory Yager and AVVO Superstar Larry Kohn are at a law firm near me and ready to answer questions.

What are you waiting for, since time is of the essence in every DUI case, due to the 30-day deadline to protect your driving privileges? Our legal professionals have 83 collective years as DUI defense attorneys and answer all your immediate questions about “what to do if you get a DUI?”

We hear of highly-publicized exonerations of innocent citizens through news reports from The Innocence Project or on TV documentaries, but these are almost always murder cases, which seem to mesmerize and captivate the viewing public. The place where the most wrongful arrests take place, by 100 fold, is in the field of impaired driving arrests. Many police departments have specialized “task forces” for interdiction of DUI-DWI drivers, and often these squads have quotas or “standards” that have to be met in order for the unit to not have to repay federal grant money for low-yield arrest results of the task force.

Even when an officer has made errors for an arrest decision or has jumped to a conclusion that is not clearly supported by the driving conduct, the physical “manifestation” evidence or possibly from witness statements, prosecutors are sometimes unwilling to sift through the questionable evidence to make an independent “call” about the sufficiency of the police officer’s DUI-DWI case. Far too often, the prosecutor takes the arresting officer’s report and summary of the evidence at face value, without digging deeper to see if the officer’s report is contradicted by other, more credible evidence available to the prosecutor. This deferral to the officer’s decision is especially prevalent in cases brought by officers assigned to a DUI task force.

Today, video evidence captured from police cars or from private business exterior security cameras or from roadside monitoring cameras can refute the officer’s written account of an arrest for DUI-DWI. At no place is this disconnect more apparent than in DUI-DWI arrests, where digital video and audio recordings often contradict the officer’s padded or exaggerated account of “signs of impairment” or so-called inability to perform roadside field sobriety evaluations.

Often, citizens who are stopped by a law enforcement officer late at night are unaware of the voluntary and optional nature of roadside sobriety evaluations or “field sobriety tests.” These upstanding citizens (as they view themselves in their minds) are anxious to demonstrate their sobriety by attempting these subjectively graded exercises only to learn that the deck is stacked against them when these evaluations are “graded” by a task force officer seeking to make a DUI-DWI arrest. The same citizens who are quick to say YES to field evaluations are also quick to give up their right to REMAIN SILENT and to not admit anything about consuming alcohol or other impairing substances prior to driving, such as their prescribed medications for anxiety, pain or depression. Cooperation — many citizens naively believe — will result in being allowed to go home.

The truth is that doing these two things (admitting to ingesting an impairing substance and attempting to do roadside evaluations) will result in arrest in the overwhelming majority of cases. Only by hiring a knowledgeable attorney who is an expert in DUI-DWI defense does the accused citizen have his or her best chance at winning these tough cases.

The 2016 annual state-wide joint DUI task force campaign is already underway, and continues through September 5, 2016.  For this particular campaign, Michigan State Police are joining with local and county police and Sheriff departments to maximize drunk driving patrols.

According to the National Highway Safety Administration’s Standardized Field Sobriety Training Manual, as many as 10 percent of drivers on the road during late night and weekend hours may be driving while intoxicated.  During certain holidays the figure may go even higher.  Furthermore, that a typical drunk driving offender drives drunk about 80 times per year.

The same manual also suggests that general deterrence of DUI is based on the public’s fear of being arrested.  Consequently, law enforcement must arrest enough drunk drivers enough of the time to convince the public they will be arrested if they continue to drive drunk. It is with this in mind that Michigan’s current anti-drunk driving campaign was launched. Last year’s campaign netted 351 drunk drivers out of a total of about 3,000 tickets issued.

According to the Michigan State Police website, the 2016 Drive Sober or Get Pulled Over campaign is part of the grant-funded impaired driving and seat belt enforcement programs started under Gov. Rick Snyder in 2013.

This means that many of the traffic stops during this 2016 campaign will be based on the police officer believing that the occupants are not wearing their seat belts.  However, even if the police officer is wrong about your seat belt, once stopped, the police will be free to continue their investigation, and raise it to the level of an intoxicated driving investigation if they believe drugs or alcohol are involved.

The legal limit in Michigan is .08 for alcohol, and zero tolerance for certain drugs like marijuana. Most people can get to a .08 bodily alcohol level with as few as three drinks.  However, you can be arrested and convicted for drunk driving in Michigan even at levels below .08, so if you’re going to drink during this holiday season, your best bet is to find and use a designated driver.