Posted by duijim in on May 15, 2023

Navigating Georgia’s DUI Laws

Georgia is notoriously stringent when it comes to DUI laws, with those found violating them facing both license suspension and criminal penalties.

DUI convictions can have lasting repercussions for your career, reputation and relationships. An Atlanta DUI lawyer can assist with fighting these charges in order to mitigate damage.

1. Defending a First-Time Offense

Georgia law makes it illegal for any driver whose ability to operate their vehicle has been impaired by alcohol or drugs – this includes prescription and over-the-counter medicines, street drugs and some common household substances. The legal limit for DUI in Georgia for drivers aged 21+ is 0.08% while commercial vehicle drivers should adhere to an implied consent law that mandates chemical tests of breath or blood in case they are arrested for DUI.

First-time offenders often feel overwhelmed when facing criminal charges for the first time. While you might assume prosecutors or judges will take an easy stance towards their first DUI charge, obtaining legal assistance from an Atlanta DUI attorney to get your case resolved quickly and favorably is crucial for their defense.

An experienced attorney will understand the nuances of state DUI laws, how best to apply them in your defense, as well as understanding how your prosecutor and judge usually behave and what tactics they might employ in court proceedings against you. They can negotiate effectively with the State and reach a favorable resolution that protects your rights while keeping you out of jail. A lawyer can also file a civil license suspension hearing with the Department of Driver Services within 30 days after your arrest to prevent its suspension by default; without this hearing filing procedure in place your license could automatically be suspended 46 days later than necessary.

2. Defending a Second-Time Offense

Georgia is among several states with what are known as DUI-per se laws that allow a driver to be found guilty solely based on having blood-alcohol content above legal limits, yet another main form of prosecution for DUI in our state involves showing how an ingestion of alcohol or drugs renders someone incapable of driving safely.

DUI-less safe is an obscure form of DUI in our state and may apply if a driver has any amount of drugs or inhalants that renders them incapable of driving safely, including prescribed medicines, over the counter medication and illegal substances such as marijuana.

In order for any drug or inhalant to make someone incapable of driving safely, the State must show that its consumption interfered with normal faculties such as perception, concentration, judgment and movement. There can also be other contributing factors like diet, medication or medical conditions which have contributed to impairment.

As it’s important to keep in mind, even if this is your first offense, the judge may still be harsh in their sentencing and you could still face jail time, heavy fines and license suspension – in addition to paying for an Ignition Interlock Device (IID) and attending treatment should your conviction take place.

Your Atlanta DUI lawyer can assist in defending against DUI charges by reviewing how field sobriety tests were administered by law enforcement officials. There are certain guidelines they are expected to abide by; if they did not adhere to them, any results obtained could potentially be excluded from your case.

3. Defending a Third-Time Offense

DUI (driving under the influence) in Georgia refers to operating a motor vehicle while under the influence of alcohol or drugs, whether illegal street drugs, prescription medications, over-the-counter remedies, or over-the-counter remedies that impair driving abilities. A DUI conviction will leave permanent marks on your criminal record and could threaten current jobs as well as future opportunities or hinder efforts for professional licenses such as medical licensure or pilot’s licensure.

An arrest for DUI in Georgia can have serious repercussions. Not only may you lose your driving privileges, but fines could be steep and the impact on insurance rates lasting. Having either a felony or misdemeanor DUI on your record could impede future job prospects and cost thousands in lost wages and attorney’s fees.

Georgia law sets a 10-year lookback period for DUI offenses, so if you have two prior convictions within that time, penalties for your third DUI conviction will be much harsher than they otherwise would be. A qualified Atlanta DUI lawyer can help protect against these harsher punishments and defend your case.

DUI cases often entail breathalyzer tests to assess blood alcohol content. An experienced criminal defense attorney can challenge the reliability of these breathalyzers and have them excluded as evidence from your case. Furthermore, they will examine if law enforcement officers involved followed proper procedures – any breaches could have violated your constitutional rights and altered breathalyzer results subsequently.

4. Defending a Fourth-Time Offense

As even first-time DUI offenders in Georgia may face fines, jail time and license suspension upon conviction of DUI for even one offense, additional convictions will result in harsher penalties such as mandatory prison time.

An arrest for DUI can have far-reaching repercussions in addition to criminal conviction, including effects on housing, employment and financial aid applications; relationships may suffer and difficulty is obtained in securing government clearances/security clearances.

After your Georgia driver’s license has been suspended by the Department of Driver Services, your first step in any DUI case should be getting it back within 30 days by requesting an administrative hearing with them. A knowledgeable Atlanta DUI attorney should understand this complex process to defend you successfully against this allegation.

Skilled DUI attorneys understand both the minimum and maximum penalties under Georgia law for DUI violations. Judges have discretion in setting their minimum sentences; additional terms or conditions can also be added as necessary.

Georgia law dictates that anyone whose blood alcohol concentration (BAC) exceeds the legal limits (0.08% for most drivers, 0.04% for commercial drivers and 0.02% for drivers under 21), can be charged with DUI even if they were not impaired and did not cause an accident or injury; due to Georgia’s “zero tolerance” policy. For this reason, those considering drinking should avoid driving and take extra caution if they must.

5. Defending a Fifth-Time Offense

Georgia DUI laws impose harsh penalties for third DUI offenses. A conviction will lead to at least 30 days in jail, license suspension for two years and substantial fines, depending on prior convictions as well as illegal refusal of breath/blood alcohol tests and any violations in Georgia or elsewhere. Additional penalties vary depending on whether it was alcohol related, drug related or both.

An Atlanta DUI lawyer can be invaluable if you have been charged with your fifth offense of DUI. Your attorney will use their knowledge of state DUI laws and how they are applied in practice to mount an effective defense on your behalf. Furthermore, having private counsel means receiving more personalized attention and higher-quality representation.

Many DUI cases begin with a traffic stop initiated by a police officer. To be pulled over, this requires reasonable and articulable suspicion that you have committed some sort of crime; often this stems from either an at-fault accident caused by the driver themselves or any indications of impaired driving such as swerving on the road or crossing double lines.

Yeargan & Kert are experienced Atlanta DUI lawyers that will be able to review both the police report and video of any field sobriety tests in order to ascertain if an error was committed during administration of those exams, as well as assess any chemical or breathalyzer tests administered as part of any process to ascertain its legitimacy. Reach out to us today for a no cost consultation.