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Defending DUI Charges in Georgia
A DUI arrest in Georgia sets two separate legal processes in motion simultaneously. The criminal case — handled in the court where you were arrested — determines whether you are convicted of DUI and what sentence you receive. The administrative case — handled by the Georgia Department of Driver Services — determines whether your license is suspended before your criminal case is even resolved.
Most people focus only on the criminal case and miss the 30-day deadline to request an ALS hearing, resulting in an automatic license suspension that can last 12 months or longer. Attorney Sherota handles both proceedings simultaneously, filing the ALS hearing request immediately upon retention while building the strongest possible defense for your criminal case.
Georgia DUI law is complex, and the science behind breathalyzer and blood testing is far from infallible. From challenging the legality of the traffic stop to suppressing breath test results to negotiating a reduction to reckless driving, there are multiple avenues to fight a DUI charge. The earlier you retain an attorney, the more options are available.
Defense Strategies We Use
- —Challenge the traffic stop: The Fourth Amendment requires reasonable articulable suspicion for a traffic stop. If the stop was unlawful, all evidence gathered afterward — including field sobriety tests and breath results — can be suppressed.
- —Challenge field sobriety tests: Standardized Field Sobriety Tests (SFSTs) — the HGN, Walk-and-Turn, and One-Leg Stand — are only valid when administered exactly per NHTSA protocol. Medical conditions, uneven surfaces, poor lighting, and improper instructions all affect results.
- —Challenge the breathalyzer: Georgia uses the Intoxilyzer 9000. We subpoena calibration logs, maintenance records, and operator certification to challenge the machine's accuracy. Mouth alcohol, GERD, and certain medical conditions can produce falsely elevated readings.
- —Challenge the blood test: Blood draws must follow strict chain-of-custody protocols. We examine the collection procedure, storage conditions, lab certification, and analyst qualifications. Fermentation in the sample can cause falsely elevated BAC results.
- —Challenge probable cause for arrest: Even if the stop was lawful, the officer must have probable cause to arrest you for DUI. We scrutinize the officer's observations, the dash cam footage, and the totality of the circumstances to challenge whether probable cause existed.
- —Rising BAC defense: Alcohol continues to absorb into the bloodstream for 30–90 minutes after your last drink. If you were driving before your BAC peaked, your BAC at the time of driving may have been below the legal limit even if the test showed 0.08% or higher.
- —Negotiate reduced charges: In appropriate cases, we negotiate with prosecutors to reduce DUI charges to reckless driving ('wet reckless') — which carries no mandatory license suspension, no mandatory jail time, and significantly less stigma on your record.
- —Request ALS hearing immediately: You have only 30 days from arrest to request an ALS hearing to challenge the administrative license suspension. We file this request immediately upon retention so you do not lose your driving privileges before your case is resolved.
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GEORGIA SENTENCING GUIDE
Georgia DUI Penalties by Offense
| Offense | Jail Time | Fine | License | Community Service | Other |
|---|---|---|---|---|---|
| 1st Offense | Up to 12 months (24 hrs mandatory if BAC ≥ 0.08) | $300 – $1,000 | Up to 12 months suspension | 40 hours minimum | DUI Risk Reduction Program; clinical evaluation |
| 2nd Offense (within 5 yrs) | 90 days – 12 months (48 hrs mandatory) | $600 – $1,000 | 3-year suspension | 30 days minimum | Ignition interlock device; license plate seized |
| 3rd Offense (within 5 yrs) | 120 days – 12 months (15 days mandatory) | $1,000 – $5,000 | 5-year revocation; habitual violator | 30 days minimum | Name/photo published in newspaper; felony possible |
| 4th+ Offense (any time) | 1 – 5 years (felony) | $1,000 – $5,000 | 5-year revocation | 60 days minimum | Felony conviction; permanent record |
* Penalties shown are minimums/maximums under OCGA § 40-6-391. Actual sentence depends on prior record, BAC level, and other aggravating factors. All DUI convictions require completion of a DUI Risk Reduction Program (DUI school) and a clinical evaluation.
CHARGES WE DEFEND
DUI Charges We Handle in Georgia
Attorney Sherota defends individuals facing all types of DUI charges throughout the Atlanta metropolitan area, including Alpharetta, Roswell, Johns Creek, Sandy Springs, and Marietta.
DUI Per Se (BAC ≥ 0.08%)
OCGA § 40-6-391(a)(5)
Georgia's per se DUI law makes it illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher for adults, 0.04% for commercial drivers, and 0.02% for drivers under 21. The prosecution does not need to prove impairment — only that your BAC exceeded the legal limit at the time of driving. We challenge the accuracy of the breathalyzer, the calibration records, the officer's administration of the test, and the chain of custody of any blood sample.
DUI Less Safe (Alcohol)
OCGA § 40-6-391(a)(1)
DUI Less Safe does not require a BAC reading. The prosecution must prove that you were a less safe driver due to alcohol consumption. This charge is often based on officer observations, field sobriety test results, and driving behavior. We challenge the officer's training and administration of standardized field sobriety tests (SFSTs), the reliability of the observations, and whether probable cause existed for the stop.
DUI Less Safe (Drugs)
OCGA § 40-6-391(a)(2)
Georgia DUI law covers impairment by any drug — prescription, over-the-counter, or illegal. A Drug Recognition Expert (DRE) evaluation is often used to support these charges. We challenge the DRE's qualifications, the reliability of the evaluation protocol, and whether the substance actually impaired your driving ability.
DUI with Child Passenger
OCGA § 40-6-391(l)
Driving under the influence with a child under 14 in the vehicle is a separate, additional charge in Georgia. A conviction results in a mandatory minimum fine of $1,000, mandatory jail time, and a separate criminal record entry for child endangerment. We defend these charges aggressively and work to minimize the impact on your family.
Felony DUI
OCGA § 40-6-391(c)(4)
A fourth or subsequent DUI conviction in Georgia is a felony, regardless of when the prior convictions occurred. Felony DUI carries 1–5 years in prison, a $1,000–$5,000 fine, and a 5-year license revocation. DUI causing serious injury or death (OCGA § 40-6-394) is also a felony carrying 1–15 years. These cases require the most aggressive, experienced defense available.
Refusal to Submit to Testing
OCGA § 40-5-67.1
Under Georgia's implied consent law, refusing a state-administered breath or blood test triggers an automatic 12-month license suspension — even if you are never convicted of DUI. You have only 30 days from arrest to request an Administrative License Suspension (ALS) hearing to challenge this suspension. We file ALS hearing requests immediately upon retention.
Underage DUI (Under 21)
OCGA § 40-6-391(k)
Georgia's zero-tolerance law sets the BAC limit at 0.02% for drivers under 21. A conviction results in a 12-month license suspension, mandatory DUI Risk Reduction Program, and a criminal record that can affect college admissions, financial aid, and future employment. We fight these charges and pursue every available diversion or dismissal option.
Commercial Driver DUI
OCGA § 40-6-391(a)(5) / FMCSA
Commercial drivers face a 0.04% BAC limit and a mandatory 1-year CDL disqualification for a first DUI offense — even if the DUI occurred in a personal vehicle. A second offense results in lifetime CDL disqualification. For professional drivers, a DUI is a career-ending event without aggressive legal defense.
GEORGIA ADMINISTRATIVE LICENSE SUSPENSION
The 30-Day ALS Deadline
Under OCGA § 40-5-67.1, a DUI arrest in Georgia triggers an automatic Administrative License Suspension (ALS). If you took the breath or blood test and your BAC was 0.08% or higher, your license will be suspended for 12 months (first offense) unless you request a hearing within 30 days of your arrest. If you refused testing, the suspension is also 12 months.
Requesting an ALS hearing does two things: it delays the suspension while the hearing is pending, and it gives your attorney an early opportunity to cross-examine the arresting officer under oath — valuable information for your criminal defense. Attorney Sherota files ALS hearing requests on the same day he is retained.
from arrest to request ALS hearing
FREQUENTLY ASKED QUESTIONS
Georgia DUI — Common Questions
What happens to my driver's license after a DUI arrest in Georgia?
After a DUI arrest in Georgia, you face two separate license actions. First, an Administrative License Suspension (ALS) is triggered immediately — you have only 30 days from the date of arrest to request a hearing to challenge it. Second, if you are convicted of DUI in criminal court, your license will be suspended for 12 months (first offense), 3 years (second offense within 5 years), or 5 years (third offense within 5 years). Acting quickly is critical — call us immediately after your arrest.
Can a DUI be dismissed or reduced in Georgia?
Yes. DUI charges can be dismissed if the traffic stop was unlawful, if the breathalyzer or blood test results are suppressed, or if the prosecution cannot prove the elements of the offense beyond a reasonable doubt. In other cases, charges may be reduced to reckless driving ('wet reckless'), which carries no mandatory license suspension. The strength of your defense depends on the specific facts of your case — contact us for a free case evaluation.
Do I have to take a field sobriety test in Georgia?
No. Field sobriety tests are voluntary in Georgia. You have the right to refuse them without penalty. However, you should be aware that refusal may still result in arrest based on the officer's other observations. Refusing a state-administered breath or blood test (implied consent) is different — refusal triggers an automatic 12-month administrative license suspension under OCGA § 40-5-67.1.
How long does a DUI stay on my record in Georgia?
A DUI conviction in Georgia stays on your criminal record permanently and cannot be expunged. It also stays on your driving record for 10 years for purposes of calculating repeat offense penalties. This is why fighting the charge aggressively from the start — rather than accepting a plea — is so important.
What is the 30-day rule for a Georgia DUI arrest?
After a DUI arrest in Georgia, you have exactly 30 days to request an Administrative License Suspension (ALS) hearing with the Georgia Department of Driver Services. If you miss this deadline, your license will be automatically suspended — regardless of the outcome of your criminal case. Attorney Sherota files ALS hearing requests immediately upon retention to protect your driving privileges.
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Arrested for DUI in Georgia?
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The 30-day ALS deadline begins the moment you are arrested. Every hour matters. Attorney Sherota provides free, confidential consultations and acts immediately to protect your driving privileges and build your defense.
Serving Atlanta, Alpharetta, Roswell, Johns Creek, Sandy Springs, Marietta, and all of Metro Atlanta
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