Georgia DUI Lawyers

If you or someone you care about has been arrested for a DUI in Georgia, the most important decision you can make right now is hiring a skilled Georgia DUI lawyer.

Georgia’s DUI laws are some of the toughest in the nation, with severe penalties that can affect your freedom, your finances, and your future. Acting quickly is essential, not only to fight the charges but also to protect your driver’s license and your criminal record.

At Drunk Driving Defense, we work with some of the highest-rated DUI attorneys in Georgia. These lawyers understand how local courts operate, how prosecutors build DUI cases, and, most importantly, how to fight back effectively.

Whether you’re facing your first offense or a repeat charge, the right representation can make a life-changing difference.

If you’ve been charged with DUI in Georgia, call 1-888-839-4384 or use our online contact form to speak with a top rated Georgia DUI defense lawyer for a free consultation today!

Understanding DUI in Georgia

Under Georgia law, a DUI is defined as operating a motor vehicle while under the influence of alcohol, drugs (illegal, prescription, or over-the-counter), or any intoxicating substance that makes you “less safe” to drive. You can also be charged if you:

• Have a blood alcohol concentration (BAC) of 0.08% or higher (0.04% for commercial drivers, 0.02% for drivers under 21)
• Are impaired by any drug or combination of alcohol and drugs, regardless of your BAC
• Show signs of impairment that make you less safe to operate a vehicle, even without chemical test results

Unlike some other states, Georgia does not use the term “DWI” (Driving While Intoxicated).

All impaired driving charges fall under the DUI category, whether alcohol, drugs, or both are involved.

The Harsh Penalties for a DUI in Georgia

Georgia’s DUI penalties are designed to punish and deter impaired driving. They escalate with each DUI offense and can be devastating to your career, finances, and personal life.

First DUI Offense

• Jail Time: 10 days to 12 months (probation possible after 24 hours)
• Fine: $300–$1,000 plus court costs and surcharges
• Driver’s License Suspension: Up to 1 year (limited permit often available)
• Community Service: Minimum of 40 hours of community service
• DUI School: Mandatory Risk Reduction Program
• Probation: Up to 12 months

Second DUI Offense (within 10 years)

• Jail: 90 days to 12 months
• Fine: $600–$1,000
• License Suspension: 3 years (limited permit after 120 days with ignition interlock device)
• Community Service: Minimum of 240 hours of community service
• DUI School: Mandatory completion
• License Plate Surrender: Possible

Third DUI Offense (within 10 years)

• Jail: 120 days to 12 months
• Fine: $1,000–$5,000
• License Suspension: 5 years (probationary license after 2 years possible)
• Community Service: Minimum 240 hours of community service
• “Habitual Violator” Status: Your mugshot and name may be published in the local paper

Fourth DUI Offense (within 10 years)

• Felony Classification
• Jail: 1 to 5 years
• Fine: $1,000–$5,000
• License: Indefinite suspension
• Community Service: Minimum 60 hours

Additional Consequences for All Offenses

• Alcohol/drug evaluation and treatment requirements
• Install an ignition interlock device for repeat offenders
• Skyrocketing auto insurance premiums or loss of coverage
• Permanent criminal record affecting jobs, housing, and professional licensing
• Possible mandatory alcohol monitoring

Georgia’s Implied Consent Law

Georgia’s Implied Consent Law is a crucial part of every DUI arrest in the state. This law, found under OCGA § 40-5-55, states that by driving on Georgia’s roads, you automatically give consent to submit to chemical testing (such as a breath, blood, or urine test) if a law enforcement officer has probable cause to believe you are driving under the influence.

Here’s what this means in practice:

• When It Applies: The police officer must first place you under arrest for DUI before reading the Implied Consent notice.

• Testing Options: The state chooses the type of chemical test. You can request an independent test at your own expense, but you must first comply with the officer’s requested test.

• Refusal Penalties: If you refuse to submit to a chemical or breath test, your driver’s license will be subject to an automatic suspension for at least one year, even if you are later found not guilty in criminal court.

• Impact on Your Case: A refusal can be used as evidence against you in court. However, a Georgia DUI lawyer can challenge whether the police officer followed proper procedure when reading the Implied Consent notice, which can sometimes lead to evidence being suppressed.

Because Implied Consent law affects both your criminal case and your driving privileges, it’s one of the first issues a Georgia DUI lawyer will examine when building your defense.

OCGA § 40-6-391 – Georgia’s DUI Statute

OCGA § 40-6-391 is the Georgia law that defines the offense of Driving Under the Influence and outlines exactly what conduct is prohibited. Under this statute, you can be charged with a DUI in Georgia if you:

• Drive or are in actual physical control of a moving vehicle while under the influence of alcohol to the extent it makes you less safe to drive;

• Have a BAC of 0.08% or more within three hours of driving;

• Are a commercial driver with a BAC of 0.04% or more;

• Are under 21 with a BAC of 0.02% or more;

• Drive under the influence of any drug (including prescription medication) to the extent you are less safe;

• Drive under the combined influence of alcohol and drugs; or

• Drive with any amount of marijuana or controlled substance in your blood or urine, regardless of impairment.

This statute also details enhanced penalties for certain aggravating factors, such as having a child passenger, causing an accident with injuries or fatalities, or having prior DUI convictions.

For anyone arrested for DUI in Georgia, OCGA § 40-6-391 is the central legal standard the prosecution must prove beyond a reasonable doubt.

An experienced Georgia DUI lawyer will analyze every element of this statute in your case, looking for weaknesses in the state’s evidence that could lead to a reduction or dismissal of the charges. These could include lack of probable cause, inaccurate chemical testing, or improper field sobriety testing.

Find A Georgia DUI Lawyer Near You

If you’ve gotten a DUI charge in Georgia, talk to one of our top-rated DUI lawyers in Georgia near you. We have DUI attorneys in all of the cities listed below: