DUI Defense Lawyer in Griffin, Georgia
Facing a DUI charge can feel overwhelming and uncertain. The legal process is multi-faceted, and the consequences can be life-changing. Knowing how DUI laws work, what defenses are available, and how to protect your rights is essential for working through the challenges ahead and moving forward with confidence.
At The Harding Law Firm in Griffin, Georgia, Attorney Todd A. Harding is dedicated to defending those accused of DUI with skill, integrity, and personalized attention. With a background in law enforcement and decades of experience in criminal defense, he brings a unique perspective to each case, fighting tirelessly to protect his clients’ futures.
If you or a loved one is facing a DUI charge, don’t face the legal system alone. Contact The Harding Law Firm today for a consultation with an experienced DUI defense lawyer. Get the guidance, support, and strong defense you need to protect your rights.
What's Considered a DUI in Georgia?
In Georgia, a person is guilty of DUI if they’re driving or in actual physical control of a moving vehicle while:
Under the influence of alcohol to the extent that it's less safe to drive
Under the influence of any drug (legal or illegal) to the extent that it's less safe to drive
Under the combined influence of alcohol and drugs to the extent that it's less safe to drive
With a blood alcohol concentration (BAC) of 0.08% or more for drivers aged 21 and over
With a BAC of 0.02% or more for drivers under the age of 21
With a BAC of 0.04% or more for commercial vehicle drivers
Notably, Georgia is a “less safe” state, meaning that you can be convicted of DUI even if your BAC is below the legal limit if there’s evidence you were impaired.
Charged With a DUI?
CALL TODAYWhat Are the Types of DUI Charges in Georgia?
In Georgia, driving under the influence (DUI) charges can vary depending on several factors, including the driver's age, the type of substance involved, prior offenses, and whether any aggravating circumstances were present. Below are the main types of DUI charges recognized in Georgia:
1. DUI Per Se
This type of charge occurs when a driver operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher (for drivers 21 and over). The prosecution doesn't need to prove impairment—just that the BAC was above the legal limit at the time of driving.
2. DUI Less Safe
A “less safe” DUI can be charged even if the driver's BAC is below 0.08% or if there’s no chemical test at all. It’s based on officer observations and other evidence suggesting the driver was impaired and incapable of safely operating a vehicle.
3. DUI Drugs
This charge applies when a driver is under the influence of illegal drugs, prescription medications, or even over-the-counter drugs that impair driving. Unlike alcohol, there is no legal limit for drug impairment—any amount that affects the ability to drive safely can lead to charges.
4. DUI Under 21
For drivers under 21, Georgia enforces a zero-tolerance policy. A BAC of just 0.02% or higher is enough to be charged with DUI, reflecting the state's strict stance on underage drinking and driving.
5. Commercial DUI
Drivers with a commercial driver’s license (CDL) are held to stricter standards. A BAC of 0.04% or higher while operating a commercial vehicle can result in a DUI charge. These charges can lead to serious consequences, including CDL suspension and job loss.
6. Felony DUI
Most first and second DUI offenses in Georgia are misdemeanors. However, a fourth DUI within 10 years is classified as a felony. Felony DUI charges can also apply in cases involving serious injury or death (vehicular homicide) or when a driver is caught with a suspended license due to a previous DUI.
What Is the DUI Stop and Arrest Procedure?
Knowing the DUI stop and arrest procedure is essential for knowing your rights and what to expect if you're ever pulled over on suspicion of driving under the influence.
Reasonable Suspicion
A DUI case often begins with a traffic stop. For a stop to be legal, the officer must have reasonable suspicion that the driver has committed a traffic violation or crime. Erratic driving, speeding, or running a red light may justify a stop.
Field Sobriety Tests
If the officer suspects DUI, they may ask the driver to perform field sobriety tests (FSTs), such as:
Horizontal Gaze Nystagmus (HGN)
Walk and turn
One-leg stand
These tests are voluntary in Georgia, and their accuracy can be challenged in court, particularly if not administered according to NHTSA standards.
Implied Consent and Chemical Testing
Under Georgia’s Implied Consent Law, drivers are deemed to have consented to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a test can lead to an automatic license suspension and be used against the driver in court.
However, recent case law (e.g., Elliott v. State, 2019) has limited the use of breath test refusals as evidence in criminal trials due to self-incrimination concerns under the Georgia Constitution.
After understanding the arrest procedure for a DUI in Georgia, it's even more imperative to acknowledge the penalties that can occur after being charged with a DUI.
What Are the Penalties for DUI?
Georgia imposes strict penalties that increase with the number of offenses. Here's a breakdown.
First DUI Offense (Within 10 Years)
Misdemeanor
12 months probation (minus jail time)
24 hours to 12 months in jail (often served as community service)
$300–$1,000 fine
40 hours of community service
DUI Risk Reduction Program (DUI School)
License suspension (up to 12 months)
Possible limited permit available
Second DUI Offense
Misdemeanor
72 hours to 12 months of jail time
$600–$1,000 fine
240 hours of community service
Mandatory DUI School
Clinical alcohol/drug evaluation and any recommended treatment
3-year license suspension
Possible installation of an ignition interlock device
Third DUI Offense
High and aggravated misdemeanor
15 days to 12 months of jail time
$1,000–$5,000 fine
240 hours of community service
5-year license revocation
Publication of the offender’s photo in the local newspaper
Declared a “Habitual Violator”
Fourth DUI Offense
Felony DUI
One to five years in prison
Heavier fines and license consequences
License suspension is a common penalty for DUI offenses and can take effect before a conviction is even made.
License Suspension and Administrative Hearings
When someone is arrested for DUI in Georgia, the criminal defense case is only part of the story. The administrative license suspension (ALS) process is separate and can result in a license suspension before a conviction occurs.
30-Day Rule
The driver has 30 calendar days from the date of arrest to request an administrative license hearing or install an ignition interlock device (IID). Failing to act results in an automatic license suspension.
An ALS hearing allows the defense to challenge:
The legality of the stop
Whether probable cause existed for arrest
Whether implied consent was properly read
Refusal or results of chemical testing
According to criminal defense law, winning the ALS hearing can save a driver’s license—even if they later plead guilty or are convicted in criminal court.
Defenses to DUI Charges in Georgia
As a skilled DUI defense lawyer, Attorney Todd Harding can deploy several criminal defenses, depending on the facts of your case.
Illegal Stop or Arrest
If the initial traffic stop lacked reasonable suspicion or the arrest lacked probable cause, any evidence gathered (like breath test results) can be suppressed.
Faulty Field Sobriety Tests
FSTs are subjective and can be affected by fatigue, medical conditions, or improper instruction. Cross-examining the arresting officer can reveal inconsistencies.
Inaccurate Breathalyzer Results
Breathalyzers can produce false positives due to calibration errors, improper administration, or the presence of mouth alcohol.
Refusal Complications
Post-Elliott v. State, breath test refusals aren't admissible in criminal trials, which can significantly limit the prosecution's evidence in “refusal” cases.
Rising BAC Defense
It’s possible the driver’s BAC was under the legal limit while driving but rose above the limit by the time the test was administered—due to alcohol absorption.
Plea Bargains and Alternative Sentencing
While Georgia doesn't allow DUI charges to be pled down to reckless driving easily, especially in jurisdictions with strict DUI policies, it can still be negotiated in some circumstances where:
The evidence is weak or conflicting
There are procedural violations
The BAC was just over the limit
Some courts offer pre-trial diversion or DUI court programs, especially for first-time or non-violent offenders, which may include:
Substance abuse counseling
Regular court check-ins
Drug/alcohol testing
Community service
Successful completion can lead to reduced penalties or even dismissal in some instances.
Long-Term Consequences of a DUI Conviction
Beyond the immediate penalties, a DUI conviction in Georgia carries collateral consequences that can impact a person for years.
Permanent criminal record: A DUI can't be expunged in Georgia.
Employment consequences: Especially for jobs involving driving or background checks.
Insurance rates: Major increases in premiums or being dropped entirely.
Professional licenses: Nurses, teachers, lawyers, and CDL holders may face disciplinary action.
Travel restrictions: Countries like Canada may deny entry to individuals with DUI convictions.
Because of these long-term effects, it’s essential for anyone charged with DUI to seek experienced legal representation.
DUI and Minors in Georgia
There are stricter rules involved in a DUI case if you're under the age of 21.
Drivers under 21 face harsher rules, such as:
BAC threshold is only 0.02%
A conviction can mean loss of license for 6 to 12 months, even on a first offense
No limited driving permit available for under-21 drivers in most cases
DUI defense is a highly technical field in Georgia, requiring an attorney to be familiar with forensic science, administrative law, and constitutional protections. If you or someone you know is involved in a DUI case, contact a DUI defense lawyer at The Harding Law Firm.
Speak to a DUI Defense Lawyer Today
DUI charges in Georgia are serious and detailed, with both criminal and administrative consequences. Because Georgia treats DUI so seriously, having the guidance of an experienced DUI defense lawyer is crucial. Located in Griffin, Georgia, The Harding Law Firm serves clients throughout Griffin, Spalding County, Butts County, Monroe County, Lamar County, and Henry County. Call today.