Thank you for visiting this site. Whether you or someone you know is charged with DUI or some other criminal offense in Georgia, or you are just curious about your rights, and Georgia traffic and DUI law and procedure, this site aims to provide you with a clear and orderly overview of Georgia DUI law. This website is informational in nature and written as an overview; it is no substitute for the reasoned and individual advice of an attorney, and should not be considered legal advice. No website can advise you on YOUR case. No website can stand in for the specific advice of an experienced DUI attorney. Your case requires an attorney with experience and attention to detail. If you have specific questions about your or another case, please contact Horlick Law Firm for a free consultation immediately.

Because Atlanta DUI laws can be complicated and confusing, and Georgia is unique in how it allows its DUI charges to be prosecuted and how certain evidence may be admitted at trial, it is highly recommended that you retain an attorney to help navigate this process and build your defense. Being accused of a crime and facing criminal prosecution can be incredibly stressful, confusing, and depressing – for the accused, and their families and loved ones – and you don’t have to face it alone. Horlick Law Firm can help. This process can also be very time-sensitive. For instance, in many cases, you only have ten (10) days from the date of arrest to act to save your license after a DUI arrest. And, this process is separate and distinct from whether or not you are legally or factually guilty of DUI. If you’ve got any questions about a specific case, please contact our firm immediately to discuss it for free. The clock may already be ticking.

This article is divided into sections to help make the subject easier to read and digest. Though a few of the sections may overlap somewhat in content, each is a separate consideration when it comes to Atlanta DUI arrest law and trial practice. These sections include: A Georgia Driver’s Rights, Georgia Traffic Law, Probable Cause for Stop, Texting While Driving, Accidents and Roadblocks, Potential Signs of DUI on the Road, Probable Cause for DUI, Circumstantial Evidence of DUI, Types of DUI, Questioning by Officer, Statements and Admissions, Field Sobriety Tests, Voluntariness, DUI Arrest, Implied Consent, Breathalyzer, Blood Alcohol Content, Refusal of Breath Test, Other DUI Tests, Administrative License Suspension, Limited Driving Permit, Georgia DUI Penalties, Other Crimes.

A Georgia Driver’s Rights

As mentioned earlier, an individual’s right to be free from unlawful search and seizure is protected by the U.S. and Georgia Constitution. This is one of the foundations of our rights, and a safeguard against the erosion of our liberties. These safeguards help protect against searches performed without cause (such as an officer just walking to someone walking down the street, reaching into their pocket, and finding a bag of drugs), but awareness of your rights and the law is crucial to your understanding of probable cause and the potential scope of an encounter with law enforcement. If an officer detains or searches a driver or individual without a warrant, consent, or the requisite probable cause, the search is not valid, and any information or evidence gained as a result of the search may be invalid as well. You should always have an experienced DUI Attorney review your case in order to determine whether or not proper procedures were followed, and if not, file and argue motions to exclude any evidence or arrest that may have stemmed from these improprieties. If the evidence against you was obtained illegally, you have a constitutional right to have it excluded from consideration; and if the absence of that evidence means that the State cannot support its’ case for DUI, then you cannot be proven guilty of Driving Under the Influence, and your attorney should fight for a dismissal, reduction, or acquittal — whatever is appropriate in the situation.

Georgia Traffic Law

The substance and scope of Georgia’s traffic laws are broad, and as such this article will only touch on those elements commonly associated or entangled with the suspicion of criminal activity. If you have a Georgia Drivers License, or are driving in the State of Georgia, you are subject to Georgia Traffic Laws, and it is your duty as a driver to be aware and informed of the rules and your rights. You can review the Official Code of Georgia Annotated (O.C.G.A.) for free here. If you’ve recently moved to Georgia, you must apply for a Georgia Drivers License within thirty (30) days of becoming a resident. If you are a non-citizen, there are other conditions and steps you must follow. Please refer to the Georgia Department of Drivers Services website for more specific information.

Probable Cause for Stop

As any licensed driver in Georgia knows or should know, if an officer observes (or believes he observes) a driver commit a traffic violation, he has the right (read: probable cause) to pull that driver over. Whether or not the officer (overtly or not) suspects further criminal activity, as long as he legitimately observes or believes he observes a traffic violation, he has the right to stop the vehicle. Once the vehicle has been stopped, if the officer believes he has articulable suspicion of further criminal activity (such as Driving Under the Influence), he or she may have cause to investigate further. Some common traffic offenses that can cause a driver to be pulled over are: Speeding, Failure to Maintain Lane, Failure to Yield, Failure to Obey a Traffic Device, Following Too Closely, Driving without Headlights, Expired Tag, and more.

Texting While Driving

Texting while driving is not only distracting, it’s dangerous – and illegal. And, as such, is probable cause for a traffic stop. The recent Georgia Law, which applies to text messages, instant messages (IM), email, and Internet data, prohibits drivers from texting, using a cell phone, personal data assistant (PDA), computer, or other similar wireless device to read, send, or write text data while driving. Not only are there fines associated with this offense, and the potential assessment of points on your license, but it is dangerous and distractingly risky, and it divides a driver’s attention when it should be undivided.

The “Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving” or better known as the new law that prohibits texting while driving took effect on July 1st, 2010. With this implementation, a violator is subject to a penalty of one (1) point on his or her license and a $150.00 fine. One question Georgia drivers are asking is, “How is this to be enforced?” The language of the amendment specifically permits, inter alia, the use of “navigation systems….” Unfortunately, the latest models of cellular phones incorporate a “GPS” or “navigation system”. It thus may be difficult for authorities to establish the driver’s actual use of the cellular device was for texting messaging or sending data (i.e., e-mails). The law has been implemented in 28 states and D.C. to specifically ban texting messaging while driving. An in depth view of cell phone laws implemented across the country can be viewed at this website. States restricting text messaging and not complete use of cell phones are encountering a difficult hurdle proving that such a violator was using the cell phone as prohibited by law. Due to the fact that such evidence is difficult to establish, authorities may on the honesty of the driver or the officer’s genuine belief, or may look into the driver’s phone records, but every case is different, and this enforcement and prosecution of this law is still in its’ early stages. As mentioned above, the safest and best advice is to concentrate on the road and avoid using your phone in any way that might be illegal or distracting.

Accidents and Roadblocks

If the police witness or are called to the scene after an accident, they are authorized to inquire as to the cause of the accident and investigate any suspicions that may arise as a result of their inquiries. If a police officer suspect that a driver involved in the accident might have been impaired, he or she may ask certain questions and request that that driver submit to certain evaluations, and possibly place them under arrest for Driving Under the Influence. They need not have witnessed the accident, nor the traffic violation itself, to have cause to suspect a driver of possible impairment. Similarly, you may encounter a “Roadblock” in Georgia. Roadblocks are not always set up to detect criminal activity, however, avoiding one, even innocently, is a chargeable offense. Often, roadblocks are organized as safety or license checks. As such, any roadblock encounters with a law enforcement officer begins without any suspicion of criminal activity (unlike, as mentioned in the previous paragraph, the Probable Cause an officer may have to stop a vehicle for some violation of the law). If on coming in contact with the driver or vehicle, however, an officer suspects impairment or other criminal activity, he or she may have valid articulable suspicion to inquire and elevate the stop to a DUI or criminal investigation.

Potential Signs of DUI on the Road

This is not meant to be an exhaustive list by any means, but it does aim to distinguish between traffic violations that can cause an officer to suspect impairment, and traffic violations which should not. Some of the traffic violations that can cause an officer to pull a driver over in the State of Georgia can also be indicators of a suspicion of impaired driving (such as Failure to Maintain Lane, Failure to Yield, and Following Too Closely). Some traffic violations (such as Expired Tag), are violations of Georgia Law that needn’t raise a suspicion of impaired driving. However, once a car is pulled over, for whatever legitimate reason, upon contact with the driver, an officer’s suspicion of additional crimes or impairment can be piqued . At that time, he or she may be justified in asking you to answer further questions and to submit to certain tests and evaluations.

Probable Cause for DUI in Georgia

To be justified in asking you to submit to Field Sobriety Tests or an evaluation of your Breath or Blood Alcohol Content, an officer must have an articulable reasonable suspicion. This is to safeguard against unlawful searches, seizures, and arrests, and is a right protected by both the Georgia Constitution and the Fourth Amendment to the United States Constitution. Law enforcement officers have a duty to investigate when they believe that a crime has been committed, or is in the process of being committed, but this investigation must be supported by probable cause and a reasonable suspicion of criminal activity. Upon stopping the vehicle, when inquiring further about the suspected violation, whether anything gives the officer probable cause to investigate further is a matter of each particular situation. For example, if there are open containers in the vehicle, or the driver admits to having consumed alcohol before driving, or if the officer smells, or believes he smells, alcohol, or other illegal drugs, this is sufficient probable cause to investigate further. Probable Cause for a DUI arrest can also arise after questioning or observation by the officer, any potential admissions by the driver, the results of any Field Sobriety Tests or Breath or Blood test requests, and more. These questions and tests, and a driver’s rights regarding them in Georgia, are discussed further below.

Circumstantial Evidence of DUI

Circumstantial evidence may also be sufficient to establish probable cause for arrest, or at least a sufficient articulable suspicion to warrant further questioning and investigation. Circumstantial evidence is defined generally as evidence which is not directly from an eyewitness or participant and requires some reasoning to prove a fact. For instance, circumstantial evidence of an potentially impaired driver can arise if someone witnesses a hit and run, and calls the vehicle information into the police, or where information about possible criminal activity is obtained over a police scanner or by another independent witness. If the police locate and pull over that driver, based on those calls or tips, they may have probable cause to begin investigating further criminal activity, even though they themselves did not witness the alleged underlying suspicion/offense.

Questioning by Officer; Statements and Admissions

It is your duty as a licensed Georgia driver, and an informed citizen, to be aware of your rights, long before you are or aren’t read them in the form of “Miranda Warnings” by an officer placing you under arrest on suspicion of violation of the law. You have a right against self-incrimination, and a right to remain silent. You have a right to know that, throughout the course of your encounter with law enforcement, ANYTHING YOU DO OR SAY CAN BE USED AGAINST YOU. Be respectful, cooperative, and polite, but remember: this is not a casual encounter. The officer already believes you are guilty of violating a traffic offense, and is trained to look for clues of further violation of the law. If you have been pulled over for a traffic violation, it is safe to assume that, whether or not there is anything more to find, the officer may be “looking for more.” If you are being asked questions about where you’ve been or whether or not you’ve been drinking, and how much, it is safe to assume that the officer is “looking for more.” If more officers are called to the scene, or you are asked to submit to any Field Sobriety Tests or tests of your Blood, Breath, or Urine, it is safe to assume they are “looking for more.” This “more” is most likely probable cause for arrest for DUI. Be polite, cooperative, and honest, but remember this.

Remember that, despite the officer’s questions, suspicions, and requests, and despite your responses and cooperation or lack thereof, he or she may already have probable cause to arrest (and just be looking for you to provide more evidence against you)! While you should always be respectful of and cooperative with law enforcement, you must keep in mind that if you are in this situation, you are UNDER INVESTIGATION. ANYTHING YOU DO OR SAY CAN BE USED AGAINST YOU. It is law enforcement’s job to establish probable cause to arrest, NOT YOURS! Be mindful of this fact when choosing whether or not to answer an officer’s questions, or participate in any interrogations or any of the voluntary Field Sobriety Evaluations evaluations (discussed in more detail below).

Field Sobriety Tests; Voluntariness

If you have been stopped by an officer, and he or she suspects you of driving under the influence of alcohol, you may be asked to submit to any number of Field Sobriety Tests. Though performance results of Field Sobriety Tests (FSTs) may lead an officer to believe a driver is not impaired, they are commonly used to establish, or bolster, the officer’s Probable Cause for arrest. Usually, if you are asked to perform FSTs, it is because the officer suspects you of impairment and wants to investigate further — with your consent. That is why you must remember: FIELD SOBRIETY TESTS ARE VOLUNTARY; an officer may not have probable cause to arrest a driver before submission to these tests, but they very will might after.

Field Sobriety Tests are mostly subjective, and performance can be affected by a multitude of factors other than alcohol or drug impairment. Nonetheless, an officer can request that you submit to a number of FSTs, and based on your performance, may or may not find probable cause to arrest for DUI. As a licensed driver in the State of Georgia, you have a duty to know your rights, and to be aware of this fact if you ever find yourself in a similar situation. Police encounters can be stressful for any driver, and that stress can be lessened by knowing your rights. There is no requirement that the officer share his or her results or conclusions with you (i.e., “whether or not you passed,”) short of his or her determination that there is probable cause to arrest.

As mentioned above, the officer may already have probable cause to arrest, and just be looking for more - to bolster his or her evidence. Field Sobriety Tests vary in their degrees of scientific or legal reliability, and “performance” on them can be affected by hundreds of factors, only some of which are indications of impairment. These tests can include the Preliminary Breath Test (PBT), Horizontal Gaze Nystagmus (HGN), Walk and Turn, One-Legged Stand, and more. Many people confuse the PBT with the Breathalyzer, but they are quite different. Preliminary Breath Tests are only admissible to establish the presence or absence of alcohol in the mouth, and though that result can be effected by consumed alcohol, it can also be effected by a number of other factors. You may also be asked to submit to an HGN test — usually performed with a pen, flashlight or the officer’s finger — which is designed to look for up to six (6) clues in the eyes (nystagmus is an involuntary jerking of the eye), which can be indications of impairment, though there are a number of other physical conditions and states that may effect these results.

Similarly, you may be asked to submit to Walk-and-Turn and a One-Legged Stand Test as well. Though there are MANY reasons why a driver may not perform these tests to the officer’s satisfaction, the possible alternate explanations for your results do not tend to matter much to the officer. They are quite important when it comes to trial, but in terms of probable cause to arrest, if you submit to these tests, and exhibit clues which can be attributed to impairment, whether or not they are or should be, you may have just helped the officer and the State build their case against you.

DUI Arrest in Georgia

If an officer believes you to be under the influence of drugs or alcohol, he or she may place you under arrest for Driving Under the Influence. Whether or not you’ve participated in an officer’s interrogation or requests to submit to field sobriety examinations, an officer may still believe he or she has the requisite probable cause to arrest you for DUI. Once you are placed under arrest, it is the officer’s obligation to request a breath or blood test, at his or her choosing, and inform you of the possible consequences for refusal. The arresting officer is required to inform you of your “Implied Consent” (discussed further below), and these warnings vary based on your age and the class of your drivers license. It should also be noted that there are two (2) general “types” of DUI charge in the State of Georgia. A Georgia driver may be charged with Driving Under the Influence, “either by driving or being in actual physical control of a moving vehicle while under the influence of alcohol and/or a controlled substance, to the extent that it is less safe to drive…or…per se: by driving or being in actual physical control of a motor vehicle with an alcohol concentration of 0.08* grams or more any time within three (3) hours after driving from alcohol consumed before that driving ended. (*Keep in mind: This value is different if you are a Driver Under 21, or arrested driving with a Commercial Drivers License.)

Implied Consent

Whether or not you’ve had a drop to drink, whether or not you’re impaired, and whether or not you are in a position to make that determination, as a Georgia Drivers License holder or driver in this State, you have already “impliedly consented” to a test of your blood, breath, or urine if asked to submit by an Officer. If you refuse the officer’s request, your license may be suspended administratively for 12 months, and you may have only ten (10) days to contest this suspension (discussed further below). The type of Implied Consent notice you may be read depends on your status — Drivers Under 21, Drivers 21 and Over, and Commercial Drivers License holders. Each warning is drafted specifically based on the driver’s status, and explains the law and potential consequences of refusal to submit to testing. If the arresting officer does not read or relay the warning to the driver accurately, or reads the wrong warning, and tests are administered as a result of these mistakes, the results of such tests or requests may not be admissible in court.

If you submit to the requested testing, you should be aware that you have a right to request an additional test of your choosing, at your own expense. If you refuse the State’s request to test the alcohol content in your blood (for instance, if you refuse a request to submit a breath sample), you do not have a right to request a different test (such as a test of your blood or urine). Only by submitting to the Officer’s request does your right to request an additional test arise.

Breathalyzer

The Breathalyzer is the most commonly used, analyzed, and discussed method of testing the BAC (Blood Alcohol Content) of one’s breath in the State of Georgia. A driver’s Blood Alcohol Content may be measured by collecting a sample of his or her blood, breath, or urine. After you are placed under arrest on suspicion of Driving Under the Influence, you will be asked to submit to a test of your blood, breath, or urine, at the Officer’s choosing. If an officer suspects impairment of drugs other than alcohol, or is unable to administer a breath test, a blood test may be done. Many times during a traffic stop and DUI investigation, a driver will be asked to submit to a Preliminary Breath Test (PBT). Often, requests to give a breath sample in this manner occur at the beginning of the Officer’s investigation, and at the end, though whenever it is requested, it should be noted that this IS NOT a Breathalyzer test. Remember, The PBT is voluntary, and is only one element of the officer’s search for probable cause. The values given by a PBT are not admissible in court; it is only admissible to establish the presence or absence of alcohol in the mouth, which as discussed earlier, even if present, is not dispositive of BAC level or impairment. The Breathalyzer test, however, is different.

Request to submit to the Breathalyzer tends to occur once a driver has been placed under arrest, and testing most often occurs at the police station. Georgia currently uses the Intoxilyzer 5000 for tests of one’s BAC, and while these results, when the machine is properly calibrated and operated, and the tests are administered properly, can provide a fairly accurate indication of one’s BAC, the Intoxilyzer 5000′s methods and results are far from perfect. Breathalyzer results may be skewed or affected by a number of factors unconnected and unrelated to the presence of alcohol in a driver’s system, such as acid reflux, mints, gum, mouthwash, dental work.

Blood Alcohol Content

Georgia drivers over 21 years of age with a Blood Alcohol Content of 0.08 grams or more will be charged with DUI Per Se, and Drivers 21 and Under, because of Georgia’s “Zero Tolerance” laws, may be charged with DUI with a BAC of as little as 0.02 grams. Additionally, those suspected of driving under the influence while driving Commercial Vehicles may be charged with DUI Per Se with a BAC of 0.04 grams or more. If tests of a 21 or older, non-commercial driver’s blood, breath, or urine indicate a BAC of less than 0.08, or if this testing is refused, the driver may still be charged with DUI Less Safe.

Refusal of Breath Test

Once a driver is placed under arrest on suspicion of driving under the influence, and read the Implied Consent warning (discussed above), they are asked to submit to a test of their blood, breath, or urine. Because drivers in Georgia, by obtaining a Georgia Drivers License, have already agreed to submit to a test if requested, one faces significant potential consequences regarding his license and privilege to drive if he refuses (such as a license suspensions without the possibility of limited driving permits for any purpose – discussed more below).

Other DUI Tests

If an officer suspects a driver of being under the influence of a substance other than alcohol, or a combination of alcohol and other substances, he or she may ask the driver to submit to a test of blood. If a driver refuses, or is unable to answer, an officer seek to obtain a warrant to draw the driver’s blood and test its contents. A refusal of any kind can result in some of the scenarios described below.

Administrative License Suspension

As mentioned in the above “Implied Consent” paragraph, being charged with a DUI may also result in an attempt to suspend your license administratively. This effort at Administrative License Suspension is separate and distinct from the criminal charge of DUI a driver faces, and has separate terms and consequences. The administrative license suspension process affects all drivers who refuse to submit to testing, or that blow a 0.08 or above (or 0.02 or above if driver is under 21). How long this suspension may last, and whether or not a driver might be eligible for a limited driving permit depends on the facts of the case, and if there are any previous DUIs on the driver’s record in a certain “lookback” period. When an officer files the paperwork to suspend a driver’s license administratively, you must file an appeal and request for hearing on the matter within ten (10) days, or else you risk automatic suspension after 30 days. There are a number of ways Administrative License Suspension hearings can go, as every case is different, but remember: just because an administrative license suspension is filed against a driver, doesn’t mean the license will be suspended. Horlick Law Firm will file this request for you, and fight for you at your scheduled hearing.

Limited Driving Permit

Whether or not a driver is eligible for a Limited Driving Permit depends on their case and their history (or lack thereof) of DUIs. Also, keep in mind that whether a driver is eligible for a limited driving permit based on an administrative license suspension, or based on a conviction for DUI, though they may overlap and can effect each other, are different considerations. If your license is suspended administratively as a result of a refusal to submit to the state’s testing, the suspension is for one (1) year, and you are not eligible for any limited work or hardship permit. The only way the suspension may be terminated is if you are acquitted for DUI, your charges are dismissed, or reduced. If your license is suspended as a result of submitting to tests and a finding of a BAC higher than 0.08 (for drivers 21 and over), the length of suspension, and eligibility for a shortened suspension, or probationary license, is dependent on what “number” DUI this is for you, and the dates of your previous convictions. Again, the length and type of suspension, and eligibility for limited driving permits, depends on a number of case and driver-specific factors, and this article is meant as a general overview, and is no substitute for specific legal advice. Contact Horlick Law Firm to discuss the particulars of your case and what we can do for you!

Georgia DUI Penalties

Every driver and every case is unique. The minimum and maximum penalties for DUI conviction in Georgia are set by statute, and can vary significantly, depending on a number of factors, including whether there is a history of DUIs in the driver’s past, and exactly when those arrests occurred. For specific advice, or a better understanding of your particular situation, please contact Horlick Law Firm for a free consultation.

Other Crimes

Though this website focuses on the intricacies and elements of traffic and DUI stops, suspicions, and arrests, Horlick Law Firm is experienced in representing clients charged with ALL criminal charges in the State of Georgia. Attorney Robert Horlick was a public defender in Fulton County for 4 years, and in that time, represented hundreds (maybe thousands) of clients, in Juvenile and Superior Court, charged with crimes ranging from traffic stops to Murder. Horlick Law Firm’s practice area includes: Traffic, DUI, Drugs, Theft, Robbery, Sex Crimes, White Collar Crimes, Assault, Battery, Juvenile Delinquency, Deprivation, Domestic Violence, Probation Violations, Bond Hearings, Expungements, and more. If you or someone you love has a legal issue that you’d like to discuss, please call or email right away to schedule a free consultation.

In many instances, drivers charged with Driving Under the Influence not only face suspension of their license based on any criminal conviction that may occur, but also administratively, as a result of an administrative license suspension hearing (discussed in more detail below).

Administrative License Suspension and 10-Day Rule:

If you are charged with DUI Per Se, or refuse to take the State administered chemical test of your blood, breath, or urine upon request by a police officer (because of the consequences defined by the Implied Consent laws in Georgia), the officer is required by law to submit paperwork to the Department of Public Safety that petitions for license to be suspended administratively.  This paperwork initiates an administrative license suspension (ALS) hearing which is run by OSAH, the Office of State Administrative Hearings.  This proceeding is separate and distinct from the criminal charges you face upon arrest, but also subjects you to license suspension.

Keep in mind: You are not automatically guaranteed this hearing.  In fact, you only have 10 DAYS from the date of your arrest to request an administrative hearing, and if you do not, your license will be administratively suspended as a matter of law after thirty (30) days.

If you refuse to submit to chemical testing, fail to request a hearing in a timely manner, and your license is suspended administratively, it does not matter if you ultimately take your case to trial and win, or plead or are found guilty of an offense other than DUI (such as Reckless Driving)…your license will be suspended for one (1) to five (5) years, depending on your criminal record, and you will not be eligible for any limited hardship driving permits.

First DUI:

If you submit to the chemical testing of your blood, breath or urine as requested by the police officer upon arrest for your first DUI, and request an administrative hearing within 10 days but lose the hearing, you are eligible for a limited permit to drive for work, and based on the completion of certain conditions, potential early reinstatement of your driving privileges.   The same is true if you submit to chemical testing but do not request an administrative hearing in a timely manner.

Second and Subsequent DUIs:

If you do not request an administrative hearing in a timely manner, or you do request the hearing in a timely manner but lose, you are not eligible for any limited hardship permits to drive.  Depending on how many DUI convictions you have on your record, you face at least a three (3) year license suspension.

Because the clock starts ticking on any DUI charge immediately, and because the penalties can be imposed almost immediately as well, it is important to contact an attorney immediately to discuss the particulars of your case.  Georgia DUI law is complicated, and requires careful navigation and attention. It is highly recommended, therefore, that you hire an experienced attorney at Horlick Law Firm to help you through this process.

Breathalyzer DUI Blood Alchohol Test

In the State of Georgia, a driver aged  21 and over can be charged with Driving Under the Influence (DUI) Per Se, in violation of O.C.G.A. 40-6-391, if there is probable cause to believe he or she drove or was driving or in actual physical control of a moving vehicle, with an alcohol concentration of 0.08 grams or more at ANY time within three (3) hours after driving from alcohol consumed before such driving ended.

A driver may also be charged with Driving Under the Influence Per Se, in violation of O.C.G.A. 40-6-391, if he or she drives or is in physical control of a moving vehicle while there is any amount of marijuana or a controlled substance in the driver’s blood and/or urine.   This is regardless of whether or not alcohol is present in the driver’s blood or breath.

Unlike the charge of Driving Under the Influence (DUI) “Less Safe” in Georgia, which only requires that one drive or be in 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 — a charge based largely on the opinion of the arresting officer – the charge of Driving Under the Influence Per Se is rooted in the scientific results of a Breathalyzer test, and/or the results of a blood or urine test that indicate the presence of alcohol or other controlled substances.

Georgia’s DUI Laws are different and understandably more stringent for drivers of commercial vehicles and drivers under the age of 21.  Those differences are discussed here and here.

If you have been charged with a DUI in Georgia, contact Horlick Law Firm immediately for a free case evaluation and consultation.

The three (3) Implied Consent warnings in Georgia refer to Drivers Over 21, Drivers Under 21, and Commercial Driver’s License holders.  After a driver has been arrested for Driving Under the Influence (DUI), the officer will read him or her an Implied Consent warning from an orange card.

By the time the implied consent warnings are read to many people charged with DUI, they are already under arrest. Many feel that they have already submitted to all the Field Sobriety Tests and questioning that the officer has asked of them, and have still been arrested, so “why should they comply with the officer’s request any more?”

While this is an understandable position, and drivers licensed in the State of Georgia do have the right to refuse this testing, they should be aware of the consequences of doing so.  This is what the reading of the Implied Consent notice is meant to accomplish.

Drivers must be aware that, as unfair as it may seem, if they refuse to submit to such chemical testing after the proper Implied Consent warning has been read, the law imposes some harsh consequences.  If a driver refuses such chemical testing, he or she will be face an administrative license suspension, separate from his or her criminal proceeding, and face a mandatory suspension of driving privileges for at least one (1) year as a result. In many cases, you have ONLY 10 DAYS to respond and request this hearing, or your license will be automatically suspended!

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.

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.

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.