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DUI Lawyer Georgia: DUI Laws Explained by Law Book Authors
By: Cory Yager, Larry Kohn and William C. Head, the 3 co-authors of the leading legal textbook on Georgia driving under the influence laws
This DUI info page is written by our GA DUI lawyers in a manner as not to use legal jargon in explaining how to beat a DUI in GA. This "source" page on driving under the influence Georgia laws then links out to more complete pages that discuss selected issues like the Georgia DUI arrest procedure, and the Georgia implied consent law.
Our Georgia DUI lawyers answer 11 common questions about DUI laws in GA and drunk driving in Georgia to provide those accused in pending DUIs with some quick answers about their DUI charge. One of the most common is "When is a DUI a felony in GA?"
Below, our three attorneys in Atlanta will also identify code sections and insert many links for many DUI laws in Georgia. This way, the reader can see exactly how our state motor vehicle statutes are worded.
The police can arrest you and prosecute you for driving under the influence less safe even if you refused the post-arrest blood or urine test. This helpful video produced by William Head explains WHY to NEVER attempt to perform roadside field sobriety tests.
Why Should I Listen to These DUI Lawyers Over Other DUI Attorneys Near Me?
GA DUI Attorney William C. Head has been practicing GA DUI law for over 49 years in the Peach State. He began in June of 1976. He is the author or co-author of more than a dozen books on DUI laws in various states, including a couple on Georgia DUI laws. The veteran Georgia DUI attorney is known nationwide as the top expert on DUI charges in Georgia.
Both Mr. Larry Kohn and Mr. Cory Yager are co-authors of DUI legal books, too. Along with Mr. Head, they now co-author The Georgia DUI Trial Practice Manual, which is over 1,400 pages in length and covers all aspects of Georgia drinking and driving laws.
William Head, a 1991 co-author of 101 Ways to Avoid a Drunk Driving Conviction, wrote the #1 best-selling DUI book in history. Plus, Mr. Head is one of fewer than 50 DWI-DUI lawyers in America to be Board-Certified by NCDD.com.
The three co-authors of this article are the writers of Georgia's leading law book used by other DUI attorneys, judges, and many prosecutors. This 1,400-page treatise, titled The Georgia DUI Trial Practice Manual, 2025 and subsequent years, is a legal guide that Mr. Head originally self-published in 1995.
The Columbus, Georgia native works with ex-police officer Cory Yager and AVVO star Larry Kohn. They have spent nearly 40 years together in their legal careers. Both partners have received multiple Super Lawyers awards. Along with DUI lawyer GA Bubba Head, they are part of a law firm recognized by Best Lawyers in America for over 15 years.
11 Commonly Asked Questions About Pending DUI Cases in Georgia
- What is the percentage of DUI cases dismissed in Georgia? Fewer than 5%. Many more are reduced to a lesser charge, however.
- Many law firm websites warn about30 days after arrest to avoid license suspension. What is that about? Virtually all DUI arrests start TWO legal actions against the arrested driver. The simplest rule of thumb is that if your plastic license was not returned to you, YOU HAVE A PROBLEM.
- One DUI consequence you face is criminal in nature, and one is administrative. The administrative license suspension for refusal to take the post-arrest test can take away all rights to drive for a full 12 months if you do not act within 30 days after arrest. Plus, after the twelve months, the driver must pay a reinstatement fee to regain his or her license.
- When is a DUI a felony in Georgia? Since July 1, 2008, the Peach State has had a DUI felony statute. The statute "looks back" for ten years, using dates of arrest as the measuring stick. Driving under the influence can be a felony if it is a 4th DUI within 10 years, bringing a significant amount of jail time.
- In addition, several other auto accident scenarios can make a 1st DUI a felony in GA. But the most common way is from being a 4th DUI offender in GA within ten (10) years (the time between arrest dates).
- How many parts are there to Georgia law on DUI? There are literally dozens of subtle twists, turns and seeming inconsistencies in the DUI laws in GA. Even those who refused the post-arrest implied consent chemical testing (breath, blood, or urine) will be accused by the court's prosecutor of OCGA DUI less safe alcohol or drugs.
- The impairing substance can be alcohol or drugs, and various subsections provide details of the "ways" a DUI offense can be committed. O.C.G.A 40-6-391(a)(1) is the subsection for alcohol.7. O.C.G.A 40-6-391(a)(3) covers being impaired by glue fumes, aerosols, or toxic vapors. The (a)(4) subsection covers the combined influence of more than one type of impairing substance or contraband substances, including alcohol. Each of these is a type of "DUI less safe Georgia" accusation.
- The DUI per se alcohol statute under OCGA Section (a)(5) applies to adults who submitted to post-arrest testing and had a reading of 0.08 grams percent or higher. O.C.G.A 40-6-391(a)(2) is for being impaired by (DUI) drugs, like marijuana.
- Another code section, O.C.G.A 40-6-391(a)(6), allows for prosecution of those who took prescribed drugs and were rendered incapable of driving safely, because of whatever medication was found in their bloodstream.
What happens with drivers under the drinking age in Georgia, with a DUI charge? Often, those facing Georgia DUI under 21 charges will be accused in alternative counts under multiple code sections. People under 21 may have a less safe DUI (by alcohol) charge, plus be charged with being over the 0.02 grams percent BAC level for underage drivers, O.C.G.A 40-6-391 (l) [the lower-case letter "L").
Georgia DUI penalties for criminal law sanctions can be found within the OCGA 40-6-391, too. Each offense (DUI 1st offense, or a DUI second offense GA) calls for a certain minimum number of 8-hour days of community service. A first DUI offender must perform 40 hours or more, and the 2nd DUI in Georgia offender will be tasked with 240 hours or more.
- When did the DUI ignition interlock device option for DUI first offense drivers who refused implied consent testing get enacted in Georgia? On July 1, 2017, OCGA 40-5-64.1 became effective to provide an interlock option to drivers who refused to submit to the officer’s post-arrest testing.
FREE Lawyer Consultation, FREE PDF Copy of Mr. Head’s Book: Protect Your Right to Drive
- Receive a FREE lawyer consultation, either in PERSON, via phone, or by video conferencing, like Zoom.
- Plus, our DUI lawyers nearby can offer reasonable legal payment plans on the fees needed to fight your case.
- Our three award-winning Georgia lawyers near me offer 24-7 availability. In some DUI cases, our legal advice can help you get released from jail and help prospective clients with other emergencies.
This offer for FREE legal advice given during our no-cost free consultation lawyer meeting can also help you protect the right to drive. Remember that your driver’s license is at risk in most DUI arrests.
WARNING: This administrative suspension time frame is VERY SHORT, so call us immediately after your DUI arrest before time runs out! You CANNOT wait until the 29th or 30th day to act on your pending license suspension and expect to SAVE YOUR DRIVING PRIVILEGES.
All potential clients who call us receive a FREE PDF copy of Mr. Head’s 430-page book, The DUI Book. This easy-to-understand resource explains DUI laws at a non-lawyer’s level.
Call today to speak with one of our THREE GA SUPER Lawyers today. Contact us at (404) 567-5515. What do you have to LOSE, if the phone call, PDF book and legal advice are FREE?
