Best Drunk Driving Lawyers in Georgia

About Drunk Driving Law in Georgia, United States

Drunk driving, commonly referred to as Driving Under the Influence (DUI), is a serious criminal offense in Georgia. The laws are designed to discourage people from operating motor vehicles while impaired by alcohol or drugs. If a driver is found with a Blood Alcohol Concentration (BAC) of 0.08 percent or above, they can be charged with DUI. Georgia also enforces strict penalties for drivers under 21 and commercial drivers, with even lower BAC thresholds. Enforcement is strict, and the consequences for a conviction can be severe, affecting many areas of life, including your driving record, insurance rates, and even employment opportunities.

Why You May Need a Lawyer

Facing a drunk driving charge in Georgia can be overwhelming and confusing. Here are some common reasons why you might need a lawyer:

• You have been arrested and charged with DUI and are unsure of your rights or legal options.
• You are facing potential jail time, heavy fines, or license suspension.
• This is not your first DUI offense, and you are concerned about heightened penalties.
• You believe your arrest involved errors, such as an unlawful stop or improperly conducted sobriety testing.
• You want to negotiate a plea deal, seek a reduced sentence, or enroll in a diversion program.
• You need help navigating administrative license suspension hearings.
• You are a commercial driver or under 21, subject to stricter DUI laws.

An experienced DUI lawyer can review your case, explain your options, and represent you in court or in negotiations with prosecutors.

Local Laws Overview

Georgia's DUI laws are outlined in Title 40 of the Official Code of Georgia Annotated (O.C.G.A.). Here are key points:

• Legal BAC Limits: For most drivers, a BAC of 0.08 percent or higher is legally impaired. Commercial drivers are limited to 0.04, and drivers under 21 are limited to 0.02.
• Implied Consent: By driving in Georgia, you consent to submit to chemical testing for alcohol or drugs. Refusing testing can result in automatic license suspension.
• Penalties: Penalties increase with repeat offenses. First offenses can result in fines, jail time, probation, community service, license suspensions, and mandatory DUI education programs.
• Zero Tolerance Policy: Drivers under 21 with a BAC of 0.02 or higher may be charged with DUI.
• Administrative License Suspension (ALS): You can lose your license before ever going to court if you fail or refuse a BAC test. You have a limited time to request a hearing to contest the suspension.
• DUI Court: Some counties offer DUI courts that focus on rehabilitation and can provide alternatives to jail for eligible offenders.

Frequently Asked Questions

What is the legal alcohol limit for drivers in Georgia?

For most drivers, the legal BAC limit is 0.08 percent. For drivers under 21, it is 0.02 percent, and for commercial drivers, it is 0.04 percent.

What are the penalties for a first time DUI offense in Georgia?

Penalties can include up to 12 months in jail, fines up to $1,000, a license suspension of up to one year, mandatory community service, and completion of a DUI Risk Reduction Program.

What happens if I refuse a breathalyzer or chemical test?

Refusing a test can lead to an automatic license suspension for at least one year under Georgia’s implied consent law, even if you are not later convicted.

Will a DUI conviction stay on my record permanently?

Yes, in Georgia a DUI conviction cannot be expunged and will remain on your criminal history and driving record permanently.

Can I get a restricted or limited driving permit if my license is suspended?

You may be eligible for a limited permit that allows driving to work, school, or treatment programs. Eligibility depends on the specifics of your offense and your prior record.

Will I have to install an ignition interlock device after a DUI?

For some offenders, especially on a second or subsequent offense, installation of an ignition interlock device is mandatory as a condition of license reinstatement.

Can a DUI affect my insurance rates or employment?

Yes, a DUI conviction can significantly increase insurance premiums and may impact current or future employment, especially jobs requiring driving.

Is it possible to challenge a DUI charge in court?

Yes, an attorney may be able to challenge the validity of the stop, the testing procedures, or other aspects of the case, potentially leading to reduced charges or dismissal.

What should I do if I am arrested for DUI in Georgia?

Remain calm and ask to speak with a lawyer as soon as possible. Do not make statements or admissions to police without an attorney present.

How soon must I act if I want to contest my license suspension?

You have only 30 calendar days from the date of your arrest to request an administrative hearing to challenge your license suspension.

Additional Resources

If you are facing a DUI charge or have questions, these organizations can provide helpful information or services:

• Georgia Governor’s Office of Highway Safety
• Georgia Department of Driver Services
• Georgia Public Defender Council
• Local bar associations for attorney referrals
• National Highway Traffic Safety Administration

These resources can help you understand your rights, connect with legal assistance, or access DUI education programs.

Next Steps

If you or someone you know has been charged with drunk driving in Georgia, it is important to act quickly. Here are recommended steps:

• Consult with an experienced DUI lawyer as soon as possible to discuss your case and options.
• Request an administrative hearing within 30 days if you wish to contest any license suspension.
• Gather documentation related to your arrest, such as police reports and chemical test results.
• Follow through with any court appearances, deadlines, and required DUI education or treatment programs.

Taking prompt, informed action can help protect your rights and increase the chances of a favorable outcome.