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.

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.

Traditionally, DUI is a misdemeanor charge, which subjects you to up to $1000 fine and up to 12 months in jail (in addition to the other requirements discussed below and elsewhere on this site).  However, as a High and Aggravated misdemeanor, you face between $1000 and $5000 in fines (and court costs, which tend to be 15-25% more), and 120 days to 12 months imprisonment, at least 15 days of which MUST be served.

Additionally, you must complete at least 240 hours (30 days) of Community Service, and the DUI Alcohol or Drug Use Risk Reduction Program.  You must also submit to a clinincal evaluation for drug or alcohol abuse, and submit to any treatment recommended by that evaluation as a part of your sentence.

You will be placed on probation for 12 months, less any time you spend in jail, and your vehicle is subject to forfeiture.  You face a five (5) year license suspension, ignition interlock, confiscation of your license plate, and and only after 24 months and the completion of certain conditions are you eligible for a probationary license.  There may also be some additional conditions or consequences based on your particular situation.

If these convictions occur when you are under 21, or when driving a commercial vehicle, your potential penalties and license implications may be more severe than those discussed above.  Contact Horlick Law Firm immediately to discuss your specific situation and develop a plan of action that will help you navigate through this stressful and tricky process.

Like all Field Sobriety Tests (FSTs), this test is voluntary, and you do not have to submit to it.  Additionally, even if you do and the results indicate a presence of alcohol on your breath, there are many alternative explanations for these results that can create a reasonable doubt that the driver was actually under the influence of alcohol.

Many people think that the PBT is same as the “Breathalyzer,” and while it is similar in idea and form, it is much different.  While the Breathalyzer may be administered roadside, it is most often administered after arrest at the police station.  The PBT, however, is administered roadside, and is used to determine whether or not there is a presence of alcohol in a driver’s breath.

The PBT is often called an alco-sensor, and is used to determine probable cause for arrest for DUI.  The Breathalyzer, however, is used to determine one’s Blood Alcohol Content (BAC).  Though the PBT indicates an estimated BAC, this value is not admissible in court.  The PBT is only admissible to show the presence, or non-presence, of alcohol in one’s breath.

REMEMBER: The PBT is notoriously unreliable, as many factors can cause it to incorrectly indicate positively for alcohol — including acid reflux, and certain tobacco, mouthwash, or mints.    Mere indication of the presence of alcohol on one’s breath, without more, is insufficient to establish that one was driving under the influence (DUI) beyond a reasonable doubt.