Atlanta DUI Lawyer

Law enforcement in Georgia is committed to taking action against drunk drivers throughout the state and holding them accountable for not only violating state laws but also putting everyone around them at risk for injury. If you are pulled over and found to be driving while under the influence of drugs or alcohol, law enforcement will likely arrest you and charge you with a DUI. This charge can result in serious consequences that can have significant impacts on your future. If you have been charged with a DUI in the state of Georgia, it is critical to retain the services of an attorney you can trust. Contact a dedicated Atlanta DUI lawyer from Williamson Legal today to learn how we can help.

Blood Alcohol Content (BAC)

When someone is pulled over on suspicion of driving under the influence in Georgia, the law enforcement officer who conducted the traffic stop will have to assess the driver’s blood alcohol content (BAC). This is a measurement of how much alcohol is in a person’s blood and can be tested by a breathalyzer or a blood test.

If it is determined that the driver’s BAC is 0.08% or higher (or even lower, in some circumstances), they can be charged with driving under the influence. For example, if you were caught operating a commercial vehicle with a BAC of 0.04%, or if you were a minor caught with a BAC of 0.02% or higher, you would be arrested and charged with DUI. If you find yourself facing DUI charges of any kind, you need a dedicated Cobb County criminal defense lawyer in your corner.

First Offense DUI

If you were charged with driving under the influence of alcohol in the state of Georgia, the consequences that you face can be quite significant. Of course, with each subsequent DUI conviction, the penalties become even more severe. A first offense DUI conviction in the state of Georgia can result in the following consequences:

• A license suspension for 1 year (reinstatable after 120 days with completion of DUI program and reinstatement fee)
• A minimum of 24 hours in jail, with a maximum of up to 1 year
• A fine between $300 and $1,000 (plus court costs and surcharges)
• A license reinstatement fee
• Participation in the DUI Alcohol and Drug Risk Reduction Program, as well as associated costs
• A minimum of 40 hours of community service
• Probation of up to 12 months

Second Offense DUI

If you have been charged with driving under the influence for the second time in Georgia, you may be subject to the following penalties:

• A license suspension of 3 years (limited permit possible after 120 days with an ignition interlock device)
• Jail time ranging from 72 hours to 1 year, with a minimum of 72 hours mandatory
• A fine between $600 and $1,000
• A license reinstatement fee
• Participation in the DUI Alcohol and Drug Risk Reduction Program, as well as associated costs
• A mandatory ignition interlock device requirement
• A minimum of 240 hours (30 days) of community service
• Mandatory clinical evaluation and completion of recommended treatment
• Probation up to 12 months
• Surrender of vehicle license plates

Third Offense DUI

A third or subsequent DUI offense can have some of the most significant consequences that you can face. These penalties include the following:

• License revocation for up to 5 years (probationary license possible after 2 years with interlock and conditions)
• Habitual Violator status
• A minimum of 15 days in jail, with up to 12 months possible
• A fine between $1,000 and $5,000
• Participation in the DUI Alcohol and Drug Risk Reduction Program, as well as associated costs
• Installation of an ignition interlock device
• At least 240 hours (30 days) of community service
• Clinical evaluation and mandatory treatment if recommended
• A publication in the local newspaper, paid for by you, of your name, address, and photo
• Probation of up to 12 months

CDL DUIs in Georgia

If you hold a Commercial Driver’s License (CDL), a DUI conviction in Georgia carries particularly harsh consequences that can threaten your livelihood. The state imposes stricter standards on commercial drivers due to the increased responsibility that comes with operating large or heavy vehicles. Even a relatively low blood alcohol content (BAC) of just 0.04% is enough to result in a DUI charge if you are operating a commercial vehicle at the time of the stop.

If convicted of a DUI while holding a CDL, you face a one-year disqualification from operating a commercial motor vehicle, even if you were driving your personal vehicle at the time. If you were transporting hazardous materials at the time of the offense, the disqualification period increases to a minimum of three years. A second DUI conviction results in a lifetime disqualification from holding a CDL.

In addition to the disqualification, you will also face the standard criminal penalties for DUI in Georgia, such as jail time, fines, mandatory alcohol and drug programs, and community service. These consequences are not only severe but can also effectively end your career in commercial driving. That’s why it is critical to consult with a Georgia DUI lawyer who understands the unique challenges CDL holders face and can work to protect your future.

Underage DUIs in Georgia

Drivers under the age of 21 are held to a much stricter standard when it comes to DUI charges in Georgia. While the legal limit for adult drivers is 0.08%, the limit for drivers under 21 is just 0.02%, a threshold so low that even a small amount of alcohol can lead to a charge. If you are an underage driver and are found with a BAC at or above 0.02%, you may be charged with DUI and face significant legal penalties. For a first-time underage DUI offense, you may face the following consequences:

• A license suspension of six months (or 12 months if your BAC is 0.08% or higher)
• A fine of up to $1,000
• Mandatory participation in the DUI Alcohol and Drug Risk Reduction Program
• A minimum of 20 hours of community service
• Possible jail time, depending on the circumstances
• A lasting mark on your criminal record that can impact college applications, scholarships, and job opportunities

Subsequent offenses come with even stiffer penalties, including longer license suspensions, higher fines, and more intensive probation requirements. Underage DUI convictions can be particularly damaging, given how early they occur in a person’s life and how long-lasting the consequences can be. Seeking experienced legal counsel is crucial to help minimize the impact of these charges and explore every avenue of defense.

Potential Defenses Against DUI Charges

Just because you have been charged with a DUI does not mean you will be convicted. There are a number of potential defenses available in Georgia that a skilled DUI attorney can use to challenge the charges and potentially reduce or even dismiss the case entirely. Some of the most effective DUI defenses are as follows:

• Improper Stop: If law enforcement did not have reasonable suspicion to pull you over, any evidence obtained during the stop may be inadmissible in court.
• Faulty Testing Procedures: Breathalyzers and blood tests must be administered according to strict protocols. If the equipment was not properly calibrated, or if the officer failed to follow correct procedure, the results could be challenged.
• Rising BAC Defense: Alcohol takes time to absorb into the bloodstream. It’s possible that your BAC was below the legal limit while you were driving, but rose above the limit by the time you were tested.
• Medical Conditions or Diet: Certain medical conditions, such as diabetes or acid reflux, or specific diets (such as ketogenic or low-carb diets) can result in false positives on breath tests.
• Inaccurate Field Sobriety Tests: These tests are subjective and prone to officer error, environmental interference, and even medical or physical limitations of the driver that have nothing to do with intoxication.

An experienced Atlanta DUI lawyer will analyze the facts of your case, examine police reports, scrutinize test results, and determine the strongest strategy based on your specific circumstances. The goal is always to secure the best possible outcome–whether that means dismissal, reduction of charges, or a favorable plea agreement.

Contact a Cobb County DUI Lawyer

If you’ve been charged with a DUI in Georgia, having a strong criminal defense lawyer in your corner can make a world of difference. Here at Williamson Legal, we are dedicated to fighting for clients facing DUI charges and are here to work toward the outcome you deserve and need. Contact our legal team for a free initial consultation today.