Probable Cause is the reasonable belief that one has committed a crime.

REMEMBER: probable cause is subjective, and does not equal guilt.

If you have been arrested and charged with Driving Under the Influence (DUI) in any city or municipality of the State of Georgia,  it is because the arresting officer believed he or she had probable cause to do so.   Probable cause for arrest may be established in a number of ways.

Probable Cause for the Stop: If you are pulled over, A police officer MUST HAVE probable cause to stop your vehicle.  If there was no probable cause for the stop, any observations, tests, or charges that stem from that unwarranted stop may be suppressed  and a conviction for DUI cannot be established.

Probable Cause for DUI Arrest: Even if probable cause to stop your vehicle is established, there may not be probable cause to arrest for Driving Under the Influence.

Many times, a driver is pulled over for an alleged traffic violation (e.g., speeding, following too closely, failure to maintain lane, reckless driving, etc.), and as a result of the officer’s “observations” upon speaking with the driver, and interpretations of his or her responses and any field sobriety test results, he or she is arrested and charged with Driving Under the Influence.

REMEMBER: Even if an officer believes he or she has probable cause to to stop a vehicle for a traffic violation, that probable cause is separate from, and at most one factor in, the officer’s supposed probable cause to arrest a driver for Driving Under the Influence.

Also, The factors that may lead an officer to arrest a Georgia driver for DUI are very often insufficient to sustain a conviction for DUI. It is critical, then, that Georgia drivers understand their rights and the consequences of their decisions and responses when facing such serious suspicions.

If you have any questions about your rights or your  case, please contact Horlick Law Firm immediately for a free case evaluation and consultation.

If you are looking for more general information about DUI or a general glossary of the terms discussed throughout this website, the website Freeadvice offers an incredibly comprehensive and informative collection of Georgia DUI Laws, Articles, Statutes and Links.

• Georgia DUI Resources and Statutes

• DUI Law Terms and Definitions

Freeadvice.com also offers these articles, which address some common questions about whether or not you “need” an attorney to handle your DUI case, possible effects of a DUI conviction on your insurance, what happens when you get stopped on suspicion of driving under the influence, and how a conviction for DUI can affect your record.  While these articles are not specific to Georgia, and as such only an attorney licensed to practice in Georgia can give you the specific answers and advice you need, they offer an informative overview of the charge and its’ potential consequences.

• Do you “need” a lawyer to handle your DUI?
• DUI effects on Car Insurance
• What happens when you get stopped for Drunk Driving?
• How does a DUI conviction affect your record?

If you are charged with a DUI in Georgia, you face criminal penalties and license suspension, and you may only have days to act or you will lose your license -automatically. Contact a lawyer immediately to discuss your case and your options.

If you are convicted of Driving Under the Influence (DUI) for drugs or alcohol in any municipality or county in the State of Georgia, depending on the facts and circumstances of your particular case, you face a suspension of your driver’s license for as little as six (6) months and as as much as five (5) years.

If your Blood Alcohol Content (BAC) is at or above the legal limit (as defined by your age or driving class), or you refuse to submit to the state-requested chemical testing, you also face the administrative suspension of your driver’s license for at least one (1) year.  The arresting officer will submit a petition for suspension to the Department of Public Safety, and if you do not request a hearing within 10 days, your license will be automatically, administratively suspended after 30 days.

This suspension is separate and distinct from the suspension you face upon conviction in the criminal court for DUI, and only in certain instances can you receive credit for the time you may be suspended administratively when it comes to the suspension you face  criminally.

In some circumstances, you may be eligible for a limited work permit, and/or early reinstatement of your license, but in others you are not.  DUI law in Georgia is complicated, and the consequences depend on your age, the class of your license, the specific circumstances of your case, and your criminal history.

Please refer to the other sections of this website for a more thorough explanation of the laws and potential penalties for DUI conviction in the state of Georgia, as they vary based on your particular situation.

You may have no criminal history at all.  You may have a prior DUI. You may be charged with DUI and be under the age of 21.  You may have a Commercial Drivers License.  You may have submitted to the state-requested chemical testing.  You may not have.  You may have been charged with DUI while a child aged 14 or under was in the vehicle.  You may be on probation.   No two scenarious are alike.

Horlick Law Firm can address all of your concerns, answer all of your questions, and help you through this stressful process.  In order to know exactly what consequences you face, and what any potential defenses and penalties are, contact Horlick Law Firm immediately for a free case evaluation and consultation.

While most of the conditions imposed on drivers convicted of DUI in Georgia are the same, there are stricter consequences on the driving privileges of those under 21, and (as discussed here)  the levels of blood alcohol concentration required to prove DUI for drivers under age 21 is much lower than that for drivers 21 and over.

For instance, if you are convicted of Driving Under the Influence and under 21 years old, your driver’s license will be suspended for at least six (6) months (if any trace of alcohol is found in your system), and for one (1) year if your BAC (discussed more thoroughly here) is 0.08 grams or more.

It is imperative, then, that you know your rights when driving in Georgia, and if you are pulled over, so that you can also know the potential consequences of your decisions.  Georgia is very strict on drivers under age 21 charged with driving under the influence, and it is in your best interest to speak to an attorney immediately about how best to fight your case.

Unlike the charge of DUI Per Se, which is based on a driver’s actual alcohol concentration or the presence of marijuana or controlled substances in the driver’s urine and/or blood, the State (as represented by the Solicitor or Assistant District Attorney) need not show the driver’s alcohol concentration to establish that he or she was a “Less Safe” driver.

To prove that a driver was Driving Under the Influence to the extent that it was less safe for him or her to do so, the State may attempt to establish impairment by the officers observations (as in, smelling an odor of alcohol or strange behavior), a driver’s admission to having consumed alcohol, erratic driving, conclusions regarding the results of any Field Sobriety Tests performed, the driver’s refusal to submit to field sobriety tests, and the officer’s resulting opinion that the driver was Driving Under the Influence to the extent that it was “less safe” to drive.

While the refusal to submit to Field Sobriety Tests and the Breathalyzer can be used against a driver charged with DUI in the State of Georgia, and there are consequences for such refusal (discussed more thoroughly here), it takes much more to establish beyond a reasonable doubt that a driver was DUI “Less Safe”  than just proof of refusal.

Without the “science” of a Breathalyzer or blood or urine test result to establish a driver’s alcohol or drug concentration, the case is essentially based on the officer’s opinions, and establishing a charge of DUI “Less Safe” beyond a reasonable doubt can be quite difficult and often impossible for the State.

If you have been  charged with Driving Under the Influence (DUI) Less Safe, contact Horlick Law Firm immediately for a free case evaluation and consultation.