Criminal Defense
Attorney Brent E. Sherota has defended DUI and traffic charges in Metropolitan Atlanta for over 10 years, including cases in Fulton County Superior Court, Roswell Municipal Court, and Alpharetta Municipal Court. If you have been arrested for DUI in Georgia, you have a strict 30-day window to protect your driver's license. Contact Sherota Law LLC immediately to build your defense.
In Georgia, it is illegal to drive with a Blood Alcohol Concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under 21, the limit is 0.02%. You can also be charged with a "less safe" DUI under O.C.G.A. § 40-6-391 even if your BAC is below the legal limit, if alcohol impaired your ability to drive safely.
Standard Drivers (21 and over)
Commercial Drivers (CDL)
Underage Drivers (Under 21)
Zero Tolerance Law
A first DUI offense in Georgia is a misdemeanor. Penalties include fines of $300 to $1,000, 10 days to 12 months in jail (often probated), a one-year license suspension, a minimum of 40 hours of community service, and mandatory completion of a DUI Risk Reduction Program. A conviction will appear on your criminal record permanently.
Fines
$300 to $1,000 (plus court surcharges)
Jail Time
10 days to 12 months (judge may probate all but 24 hours if BAC was 0.08% or higher)
Community Service
Minimum of 40 hours
Education
Mandatory DUI Alcohol or Drug Use Risk Reduction Program
Evaluation
Clinical substance abuse evaluation and recommended treatment
License
Up to one year suspension
You have exactly 30 days from the date of your arrest to either request an Administrative License Suspension (ALS) hearing or install an ignition interlock device to obtain a limited driving permit. Missing this 30-day deadline results in automatic license suspension. An attorney can file the ALS appeal on your behalf.
When you are arrested for DUI in Georgia and either refuse the state-administered chemical test or test over the legal limit, the officer will issue a DDS 1205 form. This form acts as a temporary driving permit but also serves as notice that your license will be suspended in 30 days. To stop this automatic suspension, your attorney must file a formal ALS hearing request with the Georgia Department of Driver Services, along with a $150 filing fee, within 30 calendar days of your arrest.
A second DUI within 10 years carries fines of $600 to $1,000, a minimum of 72 hours in jail, a three-year license suspension, and a mandatory ignition interlock device. A third DUI within 10 years is a high and aggravated misdemeanor with fines up to $5,000, a minimum of 15 days in jail, and a five-year license suspension.
| Offense Level (Within 10 Years) | Charge Type | Min. Jail Time | Fine Range | License Suspension |
|---|---|---|---|---|
| First DUI | Misdemeanor | 24 hours (if BAC ≥ 0.08%) | $300 – $1,000 | Up to 1 year |
| Second DUI | Misdemeanor | 72 hours | $600 – $1,000 | 3 years |
| Third DUI | High & Aggravated Misdemeanor | 15 days | $1,000 – $5,000 | 5 years |
| Fourth DUI | Felony | 90 days (1 to 5 years prison) | $1,000 – $5,000 | Indefinite |
Under Georgia law, you can be arrested for a "less safe" DUI even if your BAC is under 0.08% or if you refuse a breathalyzer. Officers base this charge on behavioral cues, erratic driving, and field sobriety tests, arguing that you were too impaired to operate a vehicle safely.
Because a "less safe" charge relies heavily on the subjective opinion of the arresting officer rather than hard scientific data, it is highly defensible. An experienced attorney will challenge the officer's observations, arguing that erratic driving could be due to distraction or fatigue, and that poor performance on field sobriety tests could be caused by medical conditions, uneven pavement, or nervousness.
Common DUI defenses include challenging whether the traffic stop was legally justified, disputing the accuracy of field sobriety tests, questioning the calibration and maintenance records of the breathalyzer device, and challenging the chain of custody for blood test samples.
If the officer did not have a valid legal reason to pull you over initially, all evidence gathered during the stop may be suppressed.
Standardized Field Sobriety Tests (SFSTs) must be administered strictly according to NHTSA guidelines. Any deviation by the officer can invalidate the results.
The Intoxilyzer 9000 used in Georgia must be properly calibrated and maintained. We investigate the machine's logs to identify any errors or malfunctions.
If the officer failed to properly read the Georgia Implied Consent Notice at the time of arrest, the results of your breath or blood test may be excluded from evidence.
This page was written by Brent E. Sherota, Esq., a criminal defense attorney with over 10 years of experience in Metropolitan Atlanta, Georgia. Brent is an active member of the State Bar of Georgia and a John Marshall Law School alumnus. View full attorney profile →
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