Georgia DUI Laws & Defense Strategies
Protecting Your Rights After a DUI Arrest in Georgia
A DUI charge in Georgia carries serious consequences, including license suspension, hefty fines, and possible jail time. Even a first-time DUI offense can impact your job, reputation, and future opportunities. However, just because you were arrested for DUI does not mean you are automatically guilty—you have legal rights, and there are ways to challenge the charges against you.
At Garner Law Office, P.C., we fight aggressively to protect drivers in Carrollton, Dallas, Hiram, and throughout Georgia. Attorney David Garner has extensive experience defending clients against DUI charges, field sobriety test errors, and wrongful breathalyzer results.
What Constitutes a DUI?
What Constitutes a DUI?
In Georgia, driving under the influence (DUI) means operating a vehicle while:
✔ Having a blood alcohol concentration (BAC) of 0.08% or higher (for drivers 21+)
✔ Having a BAC of 0.04% or higher (for commercial drivers)
✔ Having a BAC of 0.02% or higher (for drivers under 21 – Georgia has a zero-tolerance policy)
✔ Being impaired by drugs, alcohol, or a combination of both
Even if your BAC is below 0.08%, you can still be charged with DUI if an officer believes you are impaired.
DUI Penalties in Georgia
The penalties for driving under the influence in Georgia vary based on prior offenses, BAC level, and aggravating factors.
First DUI Offense
Fines: $300 – $1,000
Jail Time: 24 hours – 12 months
License Suspension: Up to 12 months
Community Service: Minimum of 40 hours
Mandatory DUI Risk Reduction Program
Second DUI Offense
Within 5 Years
Fines: $600 – $1,000
Jail Time: 72 hours – 12 months
License Suspension: 3 years
Ignition Interlock Device (IID): Required after 120 days
Mandatory Alcohol Treatment Program
Third DUI Offense
Within 10 Years – Habitual Violator Status
Fines: $1,000 – $5,000
Jail Time: 15 days – 5 years
License Revocation: Minimum of 5 years
Possible Vehicle Seizure
Felony DUI Record
How to Fight a DUI Charge in Georgia
A DUI arrest doesn’t guarantee a conviction—there are many ways to challenge the charges, including:
01
Unlawful Traffic Stop
If the police lacked reasonable suspicion to stop you, your DUI charge may be dismissed.
02
Field Sobriety Test Errors
These tests are not always accurate and can be affected by medical conditions, weather, and officer bias.
03
Breathalyzer Inaccuracies
Breath tests can be miscalibrated, administered incorrectly, or affected by medical conditions like acid reflux.
04
Violation of Your Rights
If law enforcement failed to follow proper procedure, evidence against you may be thrown out.
Your Rights During a DUI Stop
If you’re stopped on suspicion of DUI, you have rights that can protect you from self-incrimination:
- You Have the Right to Remain Silent – You are not required to answer questions about where you were or how much you drank.
- You Can Decline Field Sobriety Tests – These tests are optional, and failing them can be used against you.
- You Can Request an Independent Blood Test – If you take a breathalyzer, you have the right to request a separate blood test at your own expense.
- You Have the Right to an Attorney
– Do not talk to the police without a lawyer present.
FREQUENTLY ASKED QUESTIONS
Common Questions About DUI Cases
Can I Refuse a Breathalyzer Test in Georgia?
Yes, but Georgia has an implied consent law—if you refuse, your license will be suspended for at least one year. However, refusing the test may limit the evidence the prosecution can use against you in court.
Will a DUI Conviction Stay on My Record Forever?
Yes. In Georgia, a DUI cannot be expunged or removed from your criminal record. That’s why it’s critical to fight the charges before a conviction occurs.
Can I Get My License Back After a DUI Arrest?
Possibly. If your license is suspended, you may be able to:
✔ Apply for a limited driving permit (for work/school purposes)
✔ Enroll in the DUI Risk Reduction Program
✔ Challenge your license suspension at an administrative hearing
Will I Go to Jail for a First-Time DUI?
Jail time is possible, but many first-time offenders receive probation, community service, and fines instead. An experienced DUI lawyer can help reduce penalties and explore alternative sentencing options.
Can I Plead to a Lesser Charge Instead of a DUI in Georgia?
Yes, in some cases, plea bargaining may allow you to reduce your DUI charge to a lesser offense, such as reckless driving. This can help you avoid a DUI conviction on your record, which can have long-term consequences.
However, plea deals are not automatic—they depend on the strength of the prosecution’s case, prior offenses, and negotiation by your defense attorney. Factors that may increase your chances of a reduced charge include:
✔ Lack of strong evidence (e.g., faulty breathalyzer results, improper police procedure)
✔ No prior DUI offenses
✔ No accidents, injuries, or aggravating factors
✔ Proof of mitigating actions (e.g., voluntarily attending alcohol education programs)
If you’ve been charged with DUI, it’s critical to consult with an experienced DUI defense lawyer to explore all possible options.