Frequently Asked Questions About DUIs
Every DUI case has unique circumstances—from blood alcohol content to field sobriety tests—which means answers to common questions can vary. Georgia law treats DUIs seriously, so understanding your rights and potential consequences is essential. Whether you’re facing a first-time charge or have prior convictions, knowing the process helps you work with a criminal defense lawyer to protect your future and freedom.
Harding Law Firm, LLC is based in Georgia and focuses on criminal defense for clients charged with driving under the influence. By exploring each FAQ, you’ll gain insight into how criminal defense strategies may apply. This information aims to guide you toward informed decisions and clarify what happens after a DUI arrest.
What is a DUI?
A DUI, or driving under the influence, occurs when someone operates a vehicle with a blood alcohol content (BAC) of 0.08% or higher. Georgia also enforces a “zero tolerance” policy for drivers under 21—any detectable alcohol can lead to charges. Commercial drivers face a lower BAC threshold of 0.04%.
Blood tests, breath tests, and field sobriety evaluations all help establish impairment. If you fail any of these tests, law enforcement may arrest you for DUI. At that point, working with a criminal defense lawyer becomes critical to challenge improperly administered tests or procedural errors that could affect your case.
What Are the Penalties for a DUI?
Penalties for a DUI vary based on factors such as BAC level, prior convictions, and whether anyone was injured. Typical repercussions include:
Fines and court costs: Convictions often come with substantial fines ranging from several hundred to thousands of dollars, plus additional court fees.
Jail time: First-time offenders may face up to 12 months in jail, though many serve shorter sentences or probation. Repeat offenders face longer mandatory sentences.
License suspension: Penalties include a mandatory license suspension of at least 12 months for first offenses, longer for repeat convictions or high BAC levels.
Community service: Courts frequently require service hours at local organizations or victims’ assistance programs.
Alcohol education programs: Completion of a State-certified Risk Reduction Program is mandatory, lasting from several weeks to months.
Penalties escalate if aggravating factors are present, such as causing an accident, injuries, or having a child under 14 in the vehicle. Understanding these potential consequences shows why having an experienced criminal defense lawyer can help you explore mitigation strategies or alternative sentencing options.
Can You Refuse a Breath Test?
Georgia enforces an implied consent law, meaning drivers are assumed to consent to chemical testing when they get behind the wheel. Refusing a breath test typically leads to:
Immediate license suspension: Refusal triggers a one-year suspension for a first refusal, with extensions for subsequent refusals.
Court ramifications: Prosecutors often argue refusal as consciousness of guilt, potentially strengthening their case.
Fines and reinstatement fees: To reinstate your license, you’ll pay reinstatement fees and attend additional hearings.
While you can refuse testing, doing so carries serious consequences. A criminal defense lawyer can challenge procedural errors in how law enforcement requested or administered the test—such as failure to read implied consent warnings correctly—potentially reducing charges or negotiating lesser penalties.
How Can Criminal Defense Protect Your Rights?
After a DUI arrest, your criminal defense lawyer works to verify that law enforcement respected your rights during the traffic stop and testing. They examine whether officers had reasonable suspicion to pull you over, and if not, they may file a motion to suppress evidence. Defense counsel also reviews field sobriety test results, considering factors like weather, road conditions, or medical issues that could affect performance.
Your lawyer scrutinizes breathalyzer and blood test procedures for issues such as improper calibration or breaks in the chain of custody. If errors appear, they can argue to exclude those results at trial. In cases with weak evidence, a skilled attorney may negotiate a plea to a lesser offense—such as reckless driving—to minimize fines and license suspension. By holding the state to its burden of proof, criminal defense protects your rights from start to finish.
How Long Does a DUI Stay on Your Record?
In Georgia, a DUI conviction remains on your driving record permanently. That means even after you complete sentences, fines, or probation, the conviction still appears on background checks for employment, education, or housing. However, the impact lessens over time as no new offenses accumulate.
Georgia law does allow for expungement or sealing in limited circumstances, such as arrest without conviction. If charges were dropped or you were found not guilty, you can seek expungement immediately to remove arrest records. Consulting a criminal defense lawyer clarifies whether you qualify for record sealing and how to proceed.
Will a DUI Affect My Driver’s License?
A DUI conviction triggers an administrative license suspension from the Department of Driver Services (DDS), separate from any court penalties. After arrest, refusing a breath test or posting a BAC above legal limits leads to a Notice of Suspension from DDS. You then have ten days to request a hearing and contest the administrative suspension; missing that window forfeits your chance to challenge.
Even if you avoid suspension at DDS, a court may still impose license restrictions such as an ignition interlock device requirement. Under this program, you must blow into a handheld device before starting your vehicle—failure results in further penalties. In some cases, you can apply for a limited-use hardship license for work or medical appointments. A criminal defense lawyer can handle DDS hearings and guide you through reinstatement requirements to restore your driving privileges as soon as possible.
What Defenses Can Be Raised in a DUI Case?
Several defenses might apply depending on your situation. Common strategies include:
Improper traffic stop: If officers lacked reasonable suspicion or probable cause to pull you over, evidence obtained afterward may be inadmissible.
Faulty field sobriety tests: Medical conditions, weather, or road conditions can cause false indications of impairment. Demonstrating these factors may weaken the prosecution’s case.
Breathalyzer or blood test errors: Calibration issues, technician mistakes, or chain of custody lapses can invalidate test results.
Rising blood alcohol: If you consumed alcohol shortly before driving, your BAC may have been below the legal limit while you operated the vehicle. This defense requires expert testimony on absorption rates.
Each defense requires careful evaluation of police reports, test results, and witness statements. A criminal defense lawyer can analyze your case to determine which defenses apply and argue for reduced or dismissed charges.
What Should You Do After a DUI Arrest?
If you’re injured or feel unwell after a DUI stop, seek medical attention immediately—a hospital visit can uncover issues that could later explain poor sobriety test performance. Next, contact a criminal defense lawyer without delay. A lawyer can advise you on preserving evidence, filing any necessary administrative hearings, and building a defense plan. Document details like officer names, witness information, weather, and road conditions while they’re fresh in your memory.
Avoid admitting fault or making statements to law enforcement or at the station; even casual remarks can strengthen the prosecution’s case. Attend every scheduled court hearing—missing a date may result in a bench warrant, additional fines, or an extended suspension of your driver’s license. By following these steps and working closely with a criminal defense attorney, you preserve your rights and put yourself in the best position to defend against DUI charges.
Contact An Experienced Law Firm
Harding Law Firm, LLC serves Georgia, including Spalding County, Butts County, Monroe County, Lamar County, and Henry County. Their criminal defense lawyers are ready to review your DUI case and help protect your rights. Reach out today to schedule a consultation and discuss potential defenses.