If you or a loved one has been arrested for driving under the influence (DUI) in Georgia, you need a skilled Georgia DUI lawyer to protect your rights. DUI charges in Georgia carry severe consequences, including potential jail time, license suspension, increased insurance premiums, and long-term impacts on your career and personal life. At The Freedom Lawyers, we understand what is at stake and are dedicated to achieving the best outcome for your case. The Freedom Lawyers are here to help.
Consequences of a Georgia DUI Arrest
Being charged with DUI in Georgia triggers two separate legal processes:
- Administrative License Suspension: The Georgia Department of Driver Services (DDS) may suspend your driver’s license automatically unless you take specific actions within 30 days of your arrest.
- Criminal Prosecution: You will face criminal charges in the municipal or county court where the arrest occurred.
A DUI conviction can result in severe penalties, including fines, community service, mandatory DUI education programs, and even imprisonment. Additionally, it will remain on your criminal record, potentially limiting future employment opportunities. That’s why you need an experienced Georgia DUI lawyer by your side.
What are Your Rights When Stopped for a Georgia DUI?
You have certain rights when charged with a DUI. You have a right to:
- + Refuse any testing.
- + Decline a breath test.
- + Turn down a blood test.
- + Refuse a urine test.
- + Be treated fairly.
- + Have officer comply with their training.
- + Be read implied consent correctly.
- + Medical treatment and evaluation after a crash.
- + Not answer any questions not related to your license, insurance and identity.
- + Not take any Field Sobriety Evaluations
- + Due process in the DUI arrest
- + If they take a test, to an independent test from a physician of their choosing (from neighboring county).
What are you Not Allowed to Refuse?
You do not have a right to refuse to give the officer your license. You also must get out of the car if they ask. But every time you exert a right, it’s an opportunity for the Officer to make a mistake. An Officer’s mistake can be the difference between winning your DUI case and a DUI conviction on your record. It’s important to both know your rights as a driver accused of DUI. It is also important to hire one of our Freedom Lawyers who specializes in fighting these DUI cases. We fight and we fight to win for you.
Georgia DUI Lawyer near You!
The Freedom Lawyers have successfully defended clients in DUI cases throughout Metro Atlanta, including counties like Cobb, Fulton, DeKalb, Cherokee, and Bartow. We also represent clients in city, probate, and municipal courts in areas such as Marietta, Kennesaw, Smyrna, Roswell, Dunwoody, and beyond. Wherever you are in Georgia, we are here to help.
Fight the License Suspension with an Expert Georgia DUI Lawyer
If your license is on the line, you need a skilled Georgia DUI Lawyer. The first thing most people need to worry about is the pending license suspension. If you’ve been arrested for DUI, protecting your driving privileges is critical. Georgia law allows you only 30 days from the date of arrest to file an appeal (O.C.G.A. §40-5-64), or apply for an ignition interlock device permit (O.C.G.A. §40-5-64.1). Failure to act will result in a 12-month license suspension. Call us today for a free consultation to see how we can assist with your license suspension appeal.
You only have 30 days after the date of your DUI arrest to appeal the license suspension. If you miss the 30-day window, your license will be suspended and you lose the ability to appeal the suspension.
How do our Georgia DUI Lawyer specialists fight the Suspension?
At the hearing, you have options that an experienced Georgia DUI Lawyer can explain. They can either negotiate the suspension be lifted, or potentially get the suspension dismissed completely. If there is a hearing, it provides an experienced Georgia DUI Lawyer with an opportunity to cross examine the police officer. This occurs prior to the police officer reviewing any videotape or evidence, in most cases. Having the hearing allows us to question the Officer prior to a prosecutor providing prepping them to testify. Doing a good job at the administrative license suspension hearing through DDS can oftentimes create a winning DUI case going forward.
DUI Case and Administrative License Suspension Are Different
The administrative license suspension (through DDS) and the actual criminal case are two separate processes. When you file the license suspension appeal, you create a process in court dates through department of driver services.
A court date is listed on the citation or bonding paperwork for either the small city municipality or the county court. Those are the criminal court dates. In the criminal case, you face jail time, probation, and a DUI conviction on your record that will not go away. The DUI conviction can affect your ability to change jobs, and will increase insurance deductibles. Officers will always be able to see that you’ve had a DUI in the past.
Understanding Georgia DUI Laws
Georgia DUI laws are strict. Pursuant to O.C.G.A. §40-6-391, it is illegal to drive or be in physical control of a moving vehicle while:
- Under the influence of alcohol to the extent that it is less safe to drive.
- Under the influence of drugs (including prescription medication) to the extent that it is less safe to drive.
- Having a blood alcohol concentration (BAC) of 0.08% or higher within three hours of driving.
- With any detectable amount of marijuana or other controlled substances in your system.
Prescription Drugs and Marijuana
Even if you have a prescription for a drug or marijuana in your system, you can still face DUI charges if it impairs your ability to drive safely. The state can use breath, blood, or urine tests to prove impairment, but these tests are not always accurate. An experienced Georgia DUI lawyer can challenge the validity of this evidence.
Blood Testing
Any amount of controlled substances in your blood can be enough for the State to convict you of DUI. Also, if the State has a blood, breath or urine test, and the results show a blood alcohol concentration of 00.08 grams or more is enough, it is enough for the state to convict you of DUI.
DUI Punishment
Also, every time you get a DUI the punishment gets much worse. The punishment for DUI is listed in the law itself.
An experienced Georgia DUI lawyer can negotiate with the prosecutors to reduce penalties or potentially have the charges dismissed or reduced.
Common DUI Defenses
Defending a DUI charge requires a deep understanding of Georgia DUI laws, police procedures, and forensic testing methods. At The Freedom Lawyers, we explore every avenue to build a strong defense, including:
- Challenging Field Sobriety Tests
- Field sobriety tests, such as the horizontal gaze nystagmus (HGN) test and the walk-and-turn test, are prone to officer error. If the officer failed to administer these tests correctly, we can argue that the results are unreliable.
- Questioning Breath and Blood Tests
- Breathalyzers and blood tests must follow strict guidelines for calibration, maintenance, and chain of custody. Any deviation can render the results inadmissible. Additionally, improper implied consent warnings can invalidate test results.
- Exposing Police Errors
- Georgia law requires officers to have probable cause for a traffic stop. If the officer lacked justification or violated your constitutional rights during the arrest, we can seek to have evidence suppressed.
Officers DUI Training – 3 Parts to a DUI Investigation
To do that they’re training tells them there are three parts to a DUI investigation.
- Vehicle in motion or some type of traffic offense.
- Personal contact with you – what do they see, smell, and hear when they arrive at the window.
- The field sobriety evaluations.
Vehicle in Motion
Committing a traffic offense or having some type of equipment/lighting violation is enough for an officer to stop you. Once stopped, the officer can ask for your license and registration and confirm you are not a danger. They do this by requesting a copy of your license, registration, and insurance.
The best thing to do is avoid getting pulled over. Do this by making sure your headlights and taillights are on and working before leaving your location. Make sure all tag lights work and that you have no distractions on the drive. If you do not have a traffic violation or equipment violation, the police cannot stop you.
An Officer cannot stop you for no reason unless it’s a road-block. It is important to ensure there are no distractions and you are complying with all road laws. Doing this can prevent the Officer from stopping you for DUI.
Personal Contact
When pulled over, the officer will ask for your license, insurance, and identifying documentation. You have a right to refuse all other questioning.
An officer can ask you to get out of our vehicle if they smell alcohol. They can also do this if they believe that you have drugs or alcohol in the car. At this point, any tests, or questions that they ask are voluntary.
You have a right to not take any test and not answer any questions. If you do that, the evidence against you in the DUI case will be minimal. With minimal evidence, you have a good chance of succeeding.
Give Minimal Information – Everything is Recorded!
All tests and interactions are on camera. When you refuse a test, the only evidence are the words and answers you give to the Officer. The less communication and information you give to the Officer the higher your chance of winning your DUI case.
We use the footage from the investigation against the officers to point out the issues in their investigation. Additionally, we also use it to show the differences between what they did and what their training requires. Lastly, we use it to show inconsistencies in their testimony and reports.
Field Sobriety Evaluations
There are 3 Nationally Certified Field Sobriety Evaluations the Officers are trained in administering. They are the Horizontal Gaze Nystagmus or HGN test (eye test), the Walk and Turn Test or Walk the Line, and the One Leg Stand.
Each test has multiple steps and multiple clues or parts to the test that the Officer in many cases must do exactly right. When the Officers don’t comply with their training or don’t comply with the steps outlined in their Field Sobriety Evaluation Manual, it hurts their credibility and the validity of their investigation.
You need an expert Georgia DUI Lawyer to be able to see the nuances in the case and defend you to the fullest extent in the law.
Horizontal Gaze Nystagmus
The HGN is the eye test. This is considered a scientific test and must be done exactly right. If the Officer doesn’t do the evaluations and medical qualifications correctly then they cannot use the results of the Test against you. This test has over 10 independent steps and the Officers routinely makes mistakes.
If the Officers mess this test up, they cannot use the results and it greatly hurts their chances of convicting you at trial. If you fight your DUI alone or use an attorney who is not a specialist in this field, it will hurt your chances of success.
Our Expert Georgia DUI Lawyers can Attack the HGN
Our attorneys are trained in the steps of the HGN evaluation and use the manual at all hearings. We use it as a weapon against the Officers and the State because they often don’t follow their own training. If they don’t, you can win. But you need someone who knows the difference. The Freedom Lawyers are the best choice.
Walk and Turn and One Leg Stand
These tests are considered divided attention tests and dexterity tests. They are not scientific in the same way the HGN test is. That is because they are based on balance and a person’s ability to follow complex directions.
Many times, the Officers don’t give the proper or complete directions. The failure to do so disobeys their training and hurts their credibility on the witness stand. It undercuts their investigation and greatly increases your ability to beat the DUI charge.
A Specialized Georgia DUI Lawyer can help you get your Life Back!
DUI cases are so factually specific, and training based that the more your attorney knows, the better your chance of success. We fight and win cases where mistakes are made during the Walk and Turn and One Leg Stand all the time. Make the right choice. Hire The Freedom Lawyers.
Specialized Georgia DUI Lawyer Defense Strategies
DUI Per Se Cases
A DUI per se charge is based on a BAC of 0.08% or higher. A blood or breath test must have been given in order to be charged with DUI Per Se. If no blood or breath test was given, the charge must be for DUI Less Safe only. However, testing inaccuracies, mishandling of evidence, and improper procedures can undermine the state’s case. Our attorneys are trained to identify and exploit these weaknesses.
Blood cannot be used against you when it is not preserved pursuant to the proper chain of custody. If it is not tested and sealed at the lab it cannot be used against you. If the witnesses are not available to any aspect of the blood collection, they cannot use the blood results against you.
Georgia DUI Lawyer – DUI Per Se Expert
A seasoned and experienced Georgia DUI Lawyer can get the blood ruled out and greatly help your chances of winning your case. Expertise and knowledge in these problems will increase the possibility the blood will be suppressed. That’s why it’s so important to have an experienced Georgia DUI Lawyer who understands how the state’s going to attack you and try to convict you of the DUI. Our attorneys are trial seasoned, and have tried cases from DUIs all the way up serious felonies including murders and armed robberies. We are the best choice in Georgia DUI Lawyer to defend your DUI and position you to win.
DUI Less Safe Cases
In DUI less safe cases, the prosecution relies on subjective evidence such as officer observations. We use body cam footage, witness testimony, and expert analysis to refute claims that you were impaired.
Refusal Cases
There’s a reason to always refuse the state’s request for a breath blood or urine test. If you refused a breath, blood, or urine test, the state’s evidence is limited. Georgia law prohibits using some refusals to submit to testing as evidence in criminal trials. This gives you a stronger chance of avoiding conviction. The more States test you refuse, the better your chances of winning the case at trial.
Blood Test Refusal
The same rules do not apply for a blood test. They can say they asked you to take a blood test. However, if your blood comes back at 0.08 grams or more, you are considered DUI per se. According to the law in Georgia, the score of a .08 blood alcohol concentration or more is enough to find you guilty of a DUI. But the test is voluntary – meaning you can refuse to take it.
There are many ways that an experienced DUI attorney can get a blood test ruled out or considered inadmissible. This means the state cannot bring it up in a DUI trial. That greatly increases your ability to fight your case and win.
Georgia DUI Lawyer Experience Matters
You only want an experienced DUI specialist working on your DUI case. Contact us for a free DUI consultation.
Protecting Commercial and Underage Drivers
CDL Holders
Commercial drivers face stricter standards. A BAC of 0.04% or higher can lead to disqualification of your CDL. We understand the unique challenges CDL holders face and will fight to protect your livelihood.
Drivers Under 21
For drivers under 21, a BAC of just 0.02% can result in a DUI conviction. We work to minimize the impact on your future by negotiating reduced charges or alternative sentencing options.
If you are under 21 and are arrested for DUI, you are not eligible for a limited drivers permit and your license will be suspended. Further, even after the conviction you are not eligible for a limited drivers permit.
These restrictions stay in place until they expire, or you turn 21 years of age. In some cases, the resolution can be delayed to a point where the conviction will not suspend your license. That’s why an attorney experienced in fighting Under 21 DUI cases can make all the difference.
Under 21 DUI – What are Your Rights?
People charged with DUI under 21 have the same rights as those over 21. They have a right to:
- Refuse any testing.
- Decline a breath test.
- Turn down a blood test.
- Refuse a urine test.
- Be treated fairly.
- Have officer comply with their training.
- Be read implied consent correctly.
- Medical treatment and evaluation after a crash.
- Not answer any questions not related to your license, insurance and identity.
- Not take any Field Sobriety Evaluations
- Due process in the DUI arrest
- If they take a test, to an independent test from a physician of their choosing (from neighboring county).
You do not lose these rights because of your age. Officers cannot treat you differently because you are under the age of 21. You have the same rights as someone over 21 during the evaluation process and court process. It’s always best to be respectful but decline any questioning or evaluations. Except for a blood test, refusing these tests cannot be held against you. It also limits the evidence the State has. Accordingly, it helps tremendously to have an experienced DUI Trial Lawyers to fight and win your case.
Child Endangerment by DUI
Further if a person has a child in the vehicle, at the time they’re charged with DUI alcohol or DUI drugs, it’s considered a separate offense of endangering a child by driving under the influence. It shall not be merged or combined or any other offense like the DUI – meaning you will have a separate punishment for both. A person convicted for driving endangering a child while driving under the influence faces punishment of:
- A minimum shall be fined not more than $1,000.
- Should be prison what not more than 12 months or both.
Why Choose The Freedom Lawyers as your Georgia DUI Lawyer?
Expertise in DUI Defense
Some of our attorneys are former prosecutors with extensive trial experience in DUI cases. We stay up-to-date on changes in DUI law and officer training procedures to provide cutting-edge representation.
Exceptional Client Communication
We believe in transparent, proactive communication. From the moment you contact us, we’ll keep you informed about your case’s progress and explain every legal option in clear terms.
Proven Results
We’ve helped countless clients avoid convictions, reduce charges, and minimize penalties. Whether through negotiation or trial, we fight tirelessly to protect your rights.
Take Action Today
Facing a DUI charge in Georgia is overwhelming, but you don’t have to face it alone. The Freedom Lawyers are here to help you navigate this challenging time and achieve the best possible outcome. Contact us today for a free consultation with a skilled Georgia DUI lawyer. Together, we can put this behind you and help you move forward with minimal consequences.