Legal Criteria for DUI in Atlanta, Georgia
Alcohol
Blood Alcohol Content (BAC) of 0.08% or higher for drivers 21 and older; 0.02% for those under 21.
Drugs
A DUI for drugs means impairment by any drug that makes the driver less safe to operate a vehicle. This applies regardless of whether a doctor legally prescribes the drug or not.
Combination
Impairment by a combination of alcohol and drugs. While the term DWI may be used in conversation, Atlanta doesn’t have a separate DWI statute.
Penalties for drunk driving in Atlanta are the same as elsewhere across the state of Georgia. Other penalties like mandatory DUI educational programs, higher insurance premiums, and possible job loss can also follow a DUI conviction. DUI punishments can be more severe in certain situations. These situations include having children in the car, refusing to take sobriety tests, or causing a crash.
DUI Lawyers in Atlanta GA
In Atlanta, Georgia, DUI (Driving Under the Influence) cases can be complex and have severe legal consequences. If you are facing criminal charges for a DUI, then you will need an expert in criminal law to mount a successful drunk driving defense. Finding a top-rated Atlanta DUI lawyer can give you the best chance of beating a DUI charge.
Atlanta has some very strict DUI laws. Hiring one of the best DUI lawyers in Atlanta, GA is necessary for a successful DUI defense. The far-reaching implications of a DUI conviction can affect every aspect of your life. Having a specialized Atlanta drunk driving lawyer is advisable and crucial for a favorable legal outcome.
How An Atlanta DUI Defense Attorney Can Help
Hiring a specialized DUI lawyer in Atlanta offers numerous advantages at different stages of a criminal case. An experienced Atlanta DUI attorney and their legal team can provide critical legal counsel throughout the DUI trial process. This includes from immediately after a DUI arrest to pre-trial preparations.
Furthermore, they can provide trial counsel, guidance during post-trial sentencing, and direction through the appeals process. DUI attorney in Atlanta, GA provide Invaluable legal assistance at every stage
Some examples of the way an Atlanta DUI lawyer can help during each stage include:
Immediately After A DUI Arrest in Atlanta
- Immediate Counsel: A top-rated DUI lawyer in Atlanta can provide crucial advice on handling initial interrogations and sobriety tests, which can significantly impact the case.
- Bail and Release: Hire an experienced Atlanta drunk driving attorney who can expedite the bail process, aiding in quicker release from custody.
- License Retention: Georgia law allows for an administrative license suspension immediately after a DUI arrest. Legal representation can assist in filing an appeal for license retention within the 30-day deadline. You will need to file an ALS appeal swiftly if you hope to keep your driving privileges.


During the DUI Pre-Trial Phase
- Evidence Review and Case Evaluation: A DUI lawyer can thoroughly analyze the arrest process, the administration of field sobriety tests, and the functioning of breathalyzers or other testing equipment to identify any procedural errors or malfunctions that could be advantageous to your defense.
- Plea Negotiation: Many cases never reach trial because of plea bargains. A skilled Atlanta DUI attorney can negotiate effectively to reduce charges, perhaps from DUI to reckless driving, which carries less severe penalties.
- Pre-trial Motions: Your attorney can file motions to suppress evidence or even to dismiss the case if there are sufficient grounds, such as a violation of your constitutional rights.
During A DUI Trial
- Expert Testimony: A specialized Atlanta DUI defense attorney has a network of experts, including toxicologists and forensic scientists, whose testimony can debunk the prosecution’s claims.
- Dismissing Evidence: A top-rated DUI lawyer in Atlanta may be able to have certain evidence thrown out of court. This could include the results of field sobriety tests, DUI breath tests, or DUI blood test results.
- Cross-Examination: Skilled questioning of the arresting officers and prosecution witnesses can expose inconsistencies or inaccuracies in their testimonies, casting doubt on the prosecution’s case.
- Legal Strategy: Utilizing procedural laws and regulations, a skilled criminal defense lawyer in Atlanta can strategically navigate your case through the legal system, optimizing the chances of a favorable outcome.


Post-Trial
- Sentencing Advocacy: If convicted, your attorney can argue for lighter sentences or alternative sentencing options, such as community service or DUI school instead of jail time.
- Expungement: Under certain conditions, your DUI attorney can help in removing a DUI conviction from your criminal record, aiding in future employment prospects. This is only possible for certain charges and if certain requirements were met through the DUI trial process
DUI Appeals and Onward
- Appellate Expertise: If you wish to appeal, your Atlanta criminal defense lawyer can identify and articulate errors made during the trial for grounds of appeal.
- Filing and Briefing: Appellate law has its own set of complex procedural rules and deadlines. Expertise in these areas is crucial for a successful appeal.
- Oral Arguments: During the appellate hearing, your Atlanta criminal defense attorney’s skill in presenting oral arguments can be decisive in overturning the original verdict.

DUI Arrests in Atlanta, GA
According to the Georgia DDS, the number of DUI arrests in Atlanta has been declining steadily over the past few years. The drastic decrease in 2020 is most likely due to COVID-19, but there was a significant and clear downward trend leading up to 2020.

The number of DUI Arrests in the City of Atlanta over the past few years is as follows:
- 2017: 3,060
- 2018: 2,390
- 2019: 1,841
- 2020: 831
The City of Atlanta is spread across two counties, Fulton and Dekalb. While many other counties make up the Metro Atlanta Area, we are restricting our view to the City of Atlanta.
If you’ve been arrested for a DUI in Atlanta, then this may not make you feel much better. Regardless, this is good news. Fewer DUIs in Atlanta is a good thing for everyone.
DUI Courthouses in Atlanta
Atlanta is a very large city. While the population of the City of Atlanta is just under 500,000 as of 2021, there is a massive portion of the population that commute into and out of the city each day. As of 2021, the Metro Atlanta Area population is just over 6 million people. Due to this large population, multiple courthouses in Atlanta hear DUI cases.
Some of the DUI courthouses in Atlanta include:
Municipal Court of Atlanta Courthouse
Address: Municipal Court of Atlanta, 150 Garnett Street SW, Atlanta, GA 30303
Phone: (404) 954-7914
Website: Municipal Court of Atlanta Website
Fulton County Courthouse
Address: Fulton County Courthouse, 136 Pryor Street SW, Atlanta, GA 30303
Phone: (404) 613-5313
Website: Fulton County Courthouse Website
DeKalb County Courthouse
Address: DeKalb County Courthouse, 556 N McDonough Street, Decatur, GA 30030
Phone: (404) 294-2099
Website: DeKalb County Courthouse Website
Frequently Asked Questions
Penalties for a DUI conviction in Atlanta include fines ranging from $300 to $1,000, jail time from 24 hours to 12 months, community service, mandatory DUI school, and potential license suspension. Additional penalties can include probation, installation of an ignition interlock device, and increased insurance premiums. Repeat offenses result in harsher penalties, including longer jail time and extended license suspension periods.
A DUI lawyer can file an Administrative License Suspension (ALS) appeal within 30 days of your arrest to challenge the automatic suspension of your license. They will represent you at the ALS hearing, working to present evidence and arguments to prevent or reduce the suspension. Without legal intervention, your driving privileges may be revoked for up to a year.
It is crucial to hire a DUI attorney immediately after your arrest. Early intervention allows your attorney to gather evidence, file necessary appeals like the ALS appeal, and build a strong defense strategy. Delays can lead to missed deadlines for appeals and diminished chances of achieving a favorable outcome.
Key qualifications include extensive experience in DUI defense, a proven track record of successful case outcomes, membership in professional organizations like the Georgia Association of Criminal Defense Lawyers, and familiarity with local courts and prosecutors. Checking client reviews and testimonials can also help evaluate their expertise.
For drivers under 21, the legal Blood Alcohol Content (BAC) limit is 0.02%, compared to 0.08% for those aged 21 and older. This lower threshold reflects Georgia’s zero-tolerance policy for underage drinking and driving.
Yes, a DUI conviction can appear on background checks, impacting employment opportunities, especially for jobs requiring driving or a clean criminal record.