FAQs About DUI Charges in Georgia
Getting charged with a DUI in Georgia can be scary. There’s a lot of confusion and uncertainty around what happens next, what the penalties are, and how to navigate the legal system. This article will walk through some frequently asked questions to help make things a bit clearer.
What exactly is a DUI in Georgia?
DUI stands for “driving under the influence.” In Georgia, a DUI means operating a moving vehicle while:
- Under the influence of alcohol to the extent it is less safe to drive
- Under the influence of any drug that makes it less safe to drive
- Under the intentional influence of toxic vapors that make it less safe to drive
So even if your blood alcohol level is under 0.08%, you can still be charged with a DUI if officers believe your driving was unsafe due to being impaired. Georgia’s DUI law is very broad[1].
What are the penalties for a first DUI offense in Georgia?
For a first DUI offense, you’re looking at:
- 1 day to 1 year in jail (24 hours mandatory)
- Up to 1 year license suspension
- $300-$1000 in fines and fees
- 40 hours community service
- Completion of a DUI risk reduction program
You’ll also have to deal with increased insurance rates for at least 3 years after your DUI. And it stays on your criminal record forever[4].
What happens to my license after a DUI?
After a DUI arrest, your license will be automatically suspended for 120 days. But you may be able to get a limited driving permit after 30 days. To get your license fully reinstated, you’ll need to[3]:
- Wait out the 120 day suspension period
- Complete DUI school
- Pay a reinstatement fee
Can I refuse a breathalyzer test?
You can refuse a breath, blood, or urine test, but your license will be suspended for at least 1 year as a result. This is because Georgia has an “implied consent” law, meaning by driving here you consent to be tested if an officer suspects DUI[3].
What if I was prescribed the medication I took before driving?
It doesn’t matter if the drugs were prescribed – you can still be convicted of DUI in Georgia if officers believe your driving was impaired. The only exception is if you’re taking a controlled substance as prescribed[1].
What should I do after a DUI arrest?
After being arrested for DUI, you should:
- Politely decline to answer any questions without your lawyer
- Contact a Georgia DUI defense attorney immediately
- Write down all the details you remember about the incident
- Gather evidence like driving records and police reports
An experienced DUI lawyer can review the details of your case and build the strongest defense to mitigate penalties or even get charges reduced or dismissed.
How can I fight my DUI charges?
There are many ways a skilled DUI attorney can challenge your charges, like[2]:
- Questioning the validity of field sobriety or chemical tests
- Looking for improper police procedures during the stop or arrest
- Verifying the accuracy of breathalyzer devices
- Checking if your rights were violated
Never assume a DUI conviction is inevitable – a good lawyer can often get charges reduced or dismissed altogether.
Getting arrested for DUI can be a scary and confusing experience. But understanding the basic penalties, processes, and options ahead of you will help you navigate this situation more easily. Don’t hesitate to contact an experienced Georgia DUI attorney for personalized guidance on fighting your charges.