Best DUI & DWI Lawyers in Georgia

About DUI & DWI Law in Georgia, United States

Driving under the influence (DUI) and driving while intoxicated (DWI) are criminal offenses in Georgia that refer to operating a motor vehicle while impaired by alcohol or drugs. Georgia law strictly enforces DUI regulations to protect public safety, and the consequences for violations can be severe. A DUI or DWI conviction in Georgia can result in hefty fines, loss of driving privileges, mandatory alcohol education programs, increased insurance rates, and even imprisonment.

Why You May Need a Lawyer

Legal representation is highly recommended for individuals facing DUI or DWI charges in Georgia due to the complexities of state laws and the serious repercussions of a conviction. Common situations where people seek a DUI lawyer include:

• First-time DUI charges
• Repeat DUI offenses
• Aggravated DUI, such as high blood alcohol content or accidents involving injury
• Commercial driver DUI charges
• Juveniles or underage DUI cases
• Failed field sobriety or chemical tests
• Contesting the suspension or revocation of a driver’s license
• Navigating plea bargains and court proceedings

An experienced lawyer can help evaluate your case, explain your legal options, represent you in court, challenge the evidence, and work toward reducing or dismissing the charges where possible.

Local Laws Overview

Georgia has some of the strictest DUI laws in the United States. Important aspects of DUI and DWI laws in Georgia include:

• The legal limit for blood alcohol concentration (BAC) is 0.08 percent for drivers age 21 and older. For commercial drivers, the limit is 0.04 percent. For drivers under 21, the limit is 0.02 percent.
• Georgia has an implied consent law, which means that by driving in Georgia, you automatically consent to chemical testing if an officer suspects you are under the influence.
• Refusal to submit to a breath, blood, or urine test can result in immediate license suspension and be used as evidence in court.
• Penalties for a first DUI offense may include jail time ranging from 24 hours to 12 months, fines between $300 and $1,000, mandatory community service, and DUI risk reduction programs.
• Repeat offenses carry harsher penalties, including longer jail time, higher fines, longer license suspensions, and possible vehicle forfeiture.
• DUI convictions stay on your record in Georgia for life, and there is no expungement for DUI offenses.
• Georgia law does not recognize "wet reckless" plea bargains, making it harder to plead to lesser charges than DUI.

Frequently Asked Questions

What is the difference between DUI and DWI in Georgia?

In Georgia, DUI (driving under the influence) is the term used in the statutes for alcohol or drug impairment. DWI (driving while intoxicated) is not commonly used in Georgia law, but the terms are often used interchangeably by the public.

Can I refuse a breathalyzer or chemical test in Georgia?

You can refuse, but under Georgia’s implied consent law, refusal will result in automatic license suspension and can be used as evidence in court to suggest guilt.

What are the penalties for a first-time DUI offense?

Penalties can include 24 hours to 12 months in jail, fines up to $1,000, 40 hours of community service, probation, DUI education programs, and at least a one-year license suspension.

Will a DUI conviction stay on my record?

Yes, DUI convictions in Georgia are permanent and cannot be expunged or removed from your record.

What happens to my driver’s license after a DUI arrest?

Your license may be administratively suspended soon after arrest. You have 30 days to request a hearing to contest the suspension, or you may be able to apply for a limited permit.

If I was not read my rights, can my case be dismissed?

Failure to read Miranda rights may affect the admissibility of certain statements but does not automatically dismiss a DUI case. Other evidence may still be used.

What is "implied consent" in Georgia?

Implied consent means you agree to chemical testing by virtue of operating a vehicle in Georgia. Refusal results in automatic license suspension.

Can I get a hardship or limited driving permit?

In some cases, you may be eligible for a limited driving permit for work, school, or medical needs, especially on a first offense, but restrictions apply.

Are field sobriety tests required?

You can decline to perform field sobriety tests in Georgia, but refusal may be noted by officers and used as part of their report.

How can a lawyer help with my DUI case?

A lawyer can evaluate the evidence, advise you of your rights, challenge improper procedures, negotiate with prosecutors, and represent you in court to seek the best outcome.

Additional Resources

People seeking legal advice or information on DUI and DWI in Georgia may consider the following resources:

• Georgia Department of Driver Services (DDS) - for license issues and reinstatement information
• Georgia Governor's Office of Highway Safety - for DUI laws and safety campaigns
• Local bar associations - to find experienced DUI attorneys
• Georgia Legal Services Program - for low income legal help
• State court websites - to access local court procedures and forms
• Alcohol and drug treatment centers - for court ordered or voluntary education programs

Next Steps

If you have been charged with DUI or DWI in Georgia, take immediate action to protect your rights and driving privileges. Consider the following steps:

• Do not make statements to law enforcement without legal counsel present.
• Request a hearing with the Georgia Department of Driver Services within 30 days of your arrest if you wish to contest a license suspension.
• Contact a qualified DUI attorney in your area as soon as possible for an evaluation of your case.
• Gather all documents related to your arrest, including police reports and notice of suspension.
• Attend all scheduled court appearances and follow your attorney’s guidance regarding plea options or diversion programs.

Legal processes in Georgia for DUI and DWI cases can be complex and move quickly, so timely action and professional legal support are critical for the best possible outcome.