Facing DUI Charges?

Georgia DUI Laws & Penalties

Understanding Georgia's DUI laws is crucial when facing charges. The penalties are severe and increase dramatically with each subsequent offense.

Understanding DUI Charges in Georgia

DUI Per Se vs. DUI Less Safe

Types of DUI We Defend

The DUI Process in Hall County

  1. Traffic Stop and Arrest

Most DUI cases begin with a traffic stop. Law enforcement must have reasonable suspicion to stop your vehicle and probable cause to arrest you. We carefully examine:

• Traditional drunk driving charges
• Officer conduct during the encounter
• Whether proper procedures were followed
• The validity of field sobriety tests

  2. Field Sobriety Tests

Officers typically request three standardized field sobriety tests:

• Horizontal Gaze Nystagmus (HGN): Eye tracking test
• Walk and Turn: Balance and coordination test
• One Leg Stand: Balance and attention test

  3. Chemical Testing

After arrest, you'll be asked to submit to chemical testing of your breath, blood, or urine. Under Georgia's implied consent law, refusing this test results in automatic license suspension.

  4. Booking and Release

Following arrest, you'll be taken to Hall County Jail for booking. We can assist with bond hearings and work to secure your release as quickly as possible.

Should You Refuse the Breathalyzer Test?

This is one of the most common questions we receive. The answer depends on your specific situation.

Georgia's Implied Consent Law

By driving on Georgia roads, you've given implied consent to chemical testing if arrested for DUI. However, you still have the right to refuse.

Consequences of Breathalyzer Refusal

• Automatic 1-year license suspension
• No limited driving permit available
• Refusal can be used as evidence in court
• Police may obtain a warrant for blood testing

When Refusal Might Make Sense

Refusal might be beneficial if:

• You believe your BAC is significantly over the legal limit
• You have prior DUI convictions
• You want to limit evidence against you

Administrative License Suspension (ALS) Hearing

Whether you take the test or refuse, you have only 30 days to request an ALS hearing to challenge your license suspension. This is separate from your criminal case and requires immediate action.

Common DUI Defenses We Use

Challenging the Traffic Stop

We examine whether the officer had reasonable suspicion to stop your vehicle. Common challenges include:

• Lack of reasonable suspicion for the stop
• Improper police procedures
• Constitutional violations

Field Sobriety Test Defenses

Field sobriety tests are subjective and often unreliable. We challenge them based on:

• Improper test administration
• Medical conditions affecting performance
• Environmental factors (weather, road conditions, lighting)
• Officer training and certification issues

Breathalyzer Defenses

Breath testing machines are not infallible. We investigate:

• Machine calibration and maintenance records
• Officer training and certification
• Proper testing procedures
• Medical conditions affecting results
• Mouth alcohol contamination

Blood Test Defenses

Blood testing can be challenged on several grounds:

• Chain of custody issues
• Lab contamination or errors
• Improper collection procedures
• Storage and handling problems
• Medical conditions affecting results

Constitutional Violations

We aggressively pursue cases involving:

• Illegal search and seizure
• Miranda rights violations
• Due process violations
• Improper detention

Administrative License Suspension (ALS)

Administrative License Suspension is a civil proceeding separate from your criminal case. The Georgia Department of Driver Services can suspend your license based solely on your arrest, regardless of whether you're convicted.
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You have only 30 days from your arrest to request an ALS hearing. Missing this deadline results in automatic license suspension. This is why immediate legal representation is crucial.

ALS Hearing Process

At the hearing, we can challenge:

• Whether the officer had reasonable grounds for the stop
• Whether you were properly advised of implied consent
• Whether the test was properly administered
• Whether you actually refused or were unable to complete the test

DUI Impact Beyond Legal Penalties

Professional Consequences

A DUI conviction can affect your career, especially if you hold professional licenses:

Medical professionals (doctors, nurses, therapists)

• Educators (teachers, administrators)
• Legal professionals (attorneys, paralegals)
• Financial professionals (accountants, advisors)
• Transportation workers (commercial drivers, pilots)

Personal Impact

Beyond legal penalties, DUI convictions create lasting consequences:

Financial Costs

The true cost of a DUI extends far beyond fines:

• Court costs and fees
• Increased insurance premiums
• Lost wages from jail time or license suspension
• Ignition interlock device costs
• DUI Risk Reduction Program fees
• Potential job loss