DUI – Questioning by Officer
If you are involved in an accident or stopped by a police officer in the State of Georgia on suspicion of violation of some traffic offense, you will likely be asked a serious of investigative questions. You must be aware that, at all times, even before arrest and before suspicion that you may have violated any specific crimes, you have the right to remain silent under Georgia law.
You have the right not to incriminate yourself, and many times, answering what may seem to be harmless questions can do just that. When speaking to any law enforcement officers, keep in mind that anything you say can AND WILL be used against you.
You should assume your statements and actions are being recorded (most officers have video cameras running in their vehicles and audio microphones on their uniforms), and that these statements and actions WILL BE used against you in any prosecution.
You should assume that, from the second you are pulled over, and often before, the officer is looking for further evidence or probable cause that you have violated the law, whatever law it might be.
In most cases, whether or not it seems this way, you are already under suspicion when you are stopped. Be mindful that your encounter with the police begins unbalanced. The police are always looking for admissions, clues, and further indications that you have violated the law. Whenever you are stopped by the police, and for whatever reason, keep this in mind.
Be respectful and polite in your encounter, but remember that they are looking for evidence that you have committed a crime. They are free, and it is their job, to look, but you have no obligation to help them collect evidence against you.
Horlick Law Firm encourages you to respectfully decline to answer any questions that may incriminate you and immediately assert your desire to speak to your attorney. If you have any questions about being stopped and questioned by the police, please contact Horlick Law Firm immediately for a free consultation.
Read MoreGeorgia DUI – Under 21
If you are under 21 years old and charged with Driving Under the Influence (DUI) in Georgia, because of Georgia’s “Zero Tolerance” laws, you face a different level of penalty than drivers 21 and over.
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.
Read MoreAtlanta, Georgia News and Information
Below are some of the most popular and comprehensive local and state news and information websites covering metro Atlanta and the entire state of Georgia.
- Atlanta Journal-Constitution
- WSB TV
- MyFox Atlanta
- 11Alive.com
- CBS Atlanta
- News/Talk 750 WSB
- Atlanta Business Chronicle
- Access Atlanta
- Clark Howard
- Georgia News
Georgia DUI – “Less Safe”
In the State of Georgia, a driver can be charged with Driving Under the Influence (DUI) “Less Safe”, in violation of O.C.G.A. 40-6-391, if there is probable cause to believe he or she drove or was in actual physical control of a moving vehicle, while under the influence of alcohol or drugs, to the extent that it was “less safe” for that person to drive.
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.
Read MoreGeorgia DUI Penalties
If you are charged with Driving Under the Influence in the State of Georgia, you face jail, fines, license suspensions, and more, even if you are not convicted of the crime! The potential penalties range depending on your age, class of license, level of impairment, and whether or not this is your first (or 2nd, or 3rd) DUI, but it is advised that you Horlick Law Firm immediately to discuss your particular case and options.
There are a number of “types” of DUI in Georgia. The most commonly charged types of DUI (inc., DUI Per Se, DUI Less Safe, DUI Drugs, DUI Under 21, and DUI Commercial Driver), what the State is required to show to prove these charges, and what the potential penalties of conviction are for each class of driver, are discussed in more detail elsewhere on this site.
There is one penalty that could affect all classes of driver charged with DUI – the administrative license suspension. When you are arrested for DUI, the arresting officer may file a petition (DDS form 1205) to suspend your license administratively (separate from your criminal proceeding). If this petition is filed, you only have 10 DAYS to request a hearing on this matter, or your license will be suspended.
DUI law in Georgia can be very complicated and time-sensitive, so please…
If you have any questions about your particular situation, please contact Atlanta DUI Attorney Robert Horlick of Horlick Law Firm immediately at through the link above or by phone (404-487-8473) or email (info@horlicklawfirm.com) for a free case evaluation and consultation.
Read MoreDUI – Under 21
Because of Georgia’s “Zero Tolerance” Laws, drivers under 21 charged with Driving Under the Influence (DUI), in violation of O.C.G.A. 40-6-391(k), face more stringent penalties than drivers of legal drinking age charged with DUI.
In order for the State to establish that a driver under the age of 21 is guilty of Driving Under the Influence, they must prove that he or she was under the age of 21, and drove or was in actual physical control of a moving vehicle, with an alcohol concentration of 0.02% (determined by breathalyzer, or blood or urine test) or more at any time within three (3) hours after driving, from alcohol consumed before such driving ended.
If you have been charged with Driving Under the Influence (DUI) and you are under 21, please contact Horlick Law Firm immediately for a free case evaluation and consultation. We will do all that the law allows to defend you and protect your rights, privileges, and future.
Read MoreDUI – Commercial Vehicle
If you have a Commercial Driver’s License (CDL) in the State of Georgia, and are charged with Driving Under the Influence while driving that commercial vehicle, in violation of O.C.G.A. 40-6-391(i), Georgia’s DUI laws are even more stringent than those regarding drivers of non-commercial vehicles.
In order to establish that you were DUI in a commercial vehicle, the State must prove beyond a reasonable doubt that you were driving, or in actual physical control, of a moving commercial motor vehicle, with an alcohol concentration of 0.04% or more.
The penalties for a conviction under this charge can be especially severe for your livelihood; if convicted, you are subject to disqualification of your Commercial Driver’s License (CDL) under the Uniform Commercial Driver’s License Act.
If you have been charged with DUI in a Commercial Vehicle, contact Horlick Law Firm immediately for a free case evaluation and consultation. Let us help you fight for your license, your job, and your rights!
Read MoreGeorgia DUI Penalties – 2nd
If you are convicted of Driving Under the Influence (DUI) for your second offense in ten (10) years, judged by the date of the incident, you face penalties and driver’s license consequences more severe than those facing a first DUI.
You still face misdemeanor penalties (up to $1000 fine and up to 12 months in jail), but your fine will be between $600 and $1000 (plus court costs, which could be 15-25% more), and you will be required to complete at least 30 days (240 hours) of Community Service. You face between 90 days and 12 months imprisonment, of which at least 72 hours (3 days) must be served.
You will be placed on probation for a the remainder, up to 12 months, less the time you spent in jail, and be required to complete a DUI Alcohol or DUI Drug Risk Reduction Program, and submit to a clinical evaluation for alcohol and drugs. If this evalution concludes that you would benefit from treatment, this treatment may also be made a condition of your sentence.
Also, you are subject to three (3) years of license suspension, and may be eligible for a limited driving permit after 12 months, if you have completed certain conditions and submit to an ignition interlock device. In addition, you face confiscation of your license plate, and some other collateral consequences that we will be happy to discuss with you.
Contact Horlick Law Firm immediately for a free case evaluation and consultation if you have been charged with Driving Under the Influence in Georgia. The laws are tricky, and there are many ins and outs that only a skilled lawyer can help you navigate.
Read MoreGeorgia DUI Penalties – 1st
The State of Georgia looks at DUIs in two ways: they look at how many DUIs one may have in his or her lifetime, and they look back ten (10) years, in order to determine the appropriate penalty ranges.
Driving Under the Influence is a misdemeanor in the State of Georgia (unless it is your fourth or subsequent offense within 10 years), which means that it is punishable by up to twelve (12) months imprisonment and up to $1000 fine. There are also additional conditions that may be imposed, and license implications for any conviction.
If you are 21 or over and convicted of DUI in Georgia, for your first offense in 10 years, you will be placed on 12 months probation and required to pay a fine between the amounts of $300 and $1000 (and court costs, which could be 15-25% more), as well as complete at least 20 hours of Community Service (if your BAC was less than 0.08%) and at least 40 hours of Community Service in all other scenarios.
Additionally, you will be required to participate in a DUI Alcohol or Drug Use Risk Reduction Program, and depending on the county or municpality of conviction, you may be asked to participate in additional programs such as a Mothers Against Drunk Driving Impact Panel.
State law mandates that your sentence include between 10 days and 12 months of imprisonment as well, with a minimum of 24 hours to be served.
You also face up to one (1) year of driver’s license suspension, but in many situations there are limited permits available for driving to and from work and school, and the potential for early reinstatement of your license upon completion of certain conditions.
Contact Horlick Law Firm immediately for a free case evaluation and consultation. We can help you navigate through this stressful and confusing process. Let Horlick Law Firm fight to keep your license and keep you out of jail!
Read MoreImportant Georgia DUI & Traffic Links
Occassionally this site makes reference to certain departments, organizations, programs, or online resources regarding the charges and potential consequences of DUI in Georgia, and this page is meant to compile and provide access to the websites and resources of these agencies in one convenient place.
