Fleeing and eluding the police is a criminal offense in Georgia. It occurs when a driver willfully refuses to stop after receiving a lawful signal from a law enforcement officer. Under Georgia law, fleeing and eluding can range from a misdemeanor to a serious felony depending on the circumstances.

To secure a conviction, the prosecution must prove three core elements. First, a law enforcement officer in a marked vehicle and wearing a uniform gave a visual or audible signal to stop. Second, the driver knew – or reasonably should have known – that the officer was directing them to pull over. Third, the driver willfully failed to stop.

That third element – willful intent – is critical. A driver who did not see flashing lights may not meet the legal definition of “willfully” refusing to stop. A driver looking for a safe place to pull over may also lack willful intent. In our experience defending fleeing and eluding cases in Fulton and DeKalb County courts, dash cam footage often shows the driver was looking for a safe shoulder. The footage suggests the driver was not trying to escape.

Misdemeanor vs. Felony Fleeing and Eluding

Georgia law draws a clear line between basic fleeing and eluding and the aggravated version. The aggravated version triggers felony prosecution. Understanding which category your charge falls into shapes every aspect of your defense.

Misdemeanor Fleeing and Eluding

A basic fleeing and eluding charge is a misdemeanor. This typically applies when a driver fails to stop for an officer. The driver does so without additional dangerous conduct. The prosecution must still prove the three core elements. No aggravating factors push the charge higher. Even at this level, the consequences are serious. A conviction creates a permanent criminal record.

Felony Fleeing and Eluding

The charge escalates to felony fleeing and eluding when aggravating factors are present. These factors include fleeing at high speeds, causing property damage, and endangering pedestrians or other drivers. Leading officers on a prolonged chase through populated areas also supports a felony charge. Running red lights or driving on the wrong side of the road during the flight also supports a felony charge.

A prior conviction for fleeing and eluding can elevate a subsequent offense to felony status. Georgia prosecutors in metro Atlanta counties like Cobb and Gwinnett pursue felony charges aggressively. They do so when the pursuit involved any risk to public safety.

Penalties for Fleeing and Eluding in Georgia

Sentencing exposure varies significantly between misdemeanor and felony convictions. Georgia judges have broad discretion within statutory ranges. Outcomes depend heavily on the facts of each case.

For a misdemeanor conviction, penalties may include up to 12 months in jail and fines up to $5,000. Judges may also impose probation, community service, and license suspension through the Georgia Department of Driver Services (DDS).

Felony fleeing and eluding carries far steeper consequences. A conviction may result in one to five years in state prison and fines up to $5,000. License revocation is mandatory. Multiple convictions could trigger Georgia’s habitual violator statute. This statute imposes a five-year license revocation. It makes any subsequent driving a separate felony.

Beyond the courtroom, collateral consequences affect daily life. Insurance premiums may increase dramatically. A felony record can disqualify you from certain jobs, professional licenses, and housing. For non-citizens, a felony conviction could trigger deportation proceedings. It could also bar future immigration benefits.

These penalties underscore why consulting a criminal defense attorney early matters so much. The difference between a misdemeanor plea and a felony conviction can alter the course of your life.

How to Beat a Fleeing and Eluding Charge: Common Defenses

The answer to beating a fleeing and eluding charge depends entirely on the specific facts of your case. No outcome is guaranteed. Every defense strategy must be tailored to the evidence. That said, several defenses arise frequently in Georgia fleeing and eluding cases.

Lack of Knowledge or Willful Intent

The prosecution must prove you knew an officer was signaling you to stop. You must have willfully refused. If the officer’s lights and sirens were not activated, this element may fail. Road noise, music, or weather conditions may have prevented you from noticing the signal.

Officers sometimes activate lights on unmarked or semi-marked vehicles. This makes it difficult for drivers to recognize a lawful traffic stop. We have seen such situations in cases we handled in Clayton and Gwinnett County courts.

Drivers searching for a safe location to pull over act differently from those fleeing. A driver looking for a well-lit parking lot or a wider shoulder may not have acted “willfully.” Georgia courts recognize that briefly delaying a stop for safety reasons differs from fleeing.

Unmarked Vehicle or Non-Uniformed Officer

The statute requires the officer to be in a marked vehicle and wearing a uniform. The uniform must identify them as law enforcement. If either condition was not met, the charge may not hold. An officer in plain clothes driving an unmarked sedan may not satisfy the statute’s requirements. This is true even if they activated a dashboard light.

Challenging the Evidence

Dash cam footage, body cam recordings, and GPS data often tell a different story than the officer’s report. The video may show the driver slowing down or using a turn signal. It may show the driver pulling into a parking lot. These actions are inconsistent with someone trying to flee. Conversely, if dash cam footage has been lost or overwritten, the defense can argue the state destroyed potentially helpful evidence.

Radar or speed data used to support claims of “high speed” fleeing may also be challenged. Officer training documentation and calibration records can reveal flaws in the speed calculations.

What to Do If You Are Charged With Fleeing and Eluding

The steps you take immediately after an arrest can make or break your defense. Time-sensitive evidence disappears quickly. Acting fast is essential.

Do not discuss the case with police. You have the right to remain silent. Anything you say – especially explanations like “I did not see you” or “I was scared” – can be used against you. Politely invoke your right to an attorney.

Preserve evidence immediately. Dash cam and body cam footage is typically stored for only 30 to 90 days. After that, the footage is overwritten. Your attorney can file a preservation request. This ensures the footage is not destroyed. This evidence often supports the defense more than the prosecution.

Document everything you remember. Write down the route you drove, traffic conditions, weather, and visibility. Note any reasons you may have delayed stopping. Record whether the officer’s vehicle was clearly marked. Note whether sirens were audible.

Contact a defense attorney right away. Georgia arraignment deadlines move quickly. Early intervention gives your lawyer time to investigate and preserve evidence. Your lawyer can also negotiate with prosecutors before formal charges solidify.

Why You Need an Experienced Fleeing and Eluding Lawyer

Fleeing and eluding cases involve complex fact patterns. They require more than a general practitioner. A lawyer who knows Georgia law and local court procedures can identify weaknesses in the prosecution’s case. Others might miss these weaknesses.

At William C. Head, PC, we bring decades of Georgia criminal defense experience to every case. We are familiar with prosecutors and judges in Fulton, DeKalb, Cobb, Gwinnett, and Clayton County courts. This familiarity gives us insight into how specific jurisdictions handle these charges. We know which courts are open to negotiating felony reductions to misdemeanor pleas. We know which prosecutors require stronger evidentiary challenges.

An experienced attorney who regularly handles police pursuit cases knows how to get and analyze dash cam footage. They can challenge the legality of the traffic stop itself. They can also question whether the officer followed proper pursuit protocols. These technical defenses can mean the difference between a felony prison sentence and a misdemeanor resolution – or even a dismissal.

Speak With a Georgia Fleeing and Eluding Defense Attorney

If you or someone you love faces fleeing and eluding charges in Georgia, time is not on your side. Critical evidence like dash cam footage can disappear within weeks. Court deadlines will not wait.

William C. Head, PC offers a free, confidential consultation for fleeing and eluding cases. We will review the facts of your situation and explain your legal options. We will outline a defense strategy tailored to your case. No outcome is guaranteed. Early action gives you the strongest position.

Call today or submit a contact form to speak with our defense team about your fleeing and eluding charge.

Frequently Asked Questions About Fleeing and Eluding in Georgia

Is fleeing and eluding a felony in Georgia?

Fleeing and eluding can be either a misdemeanor or a felony in Georgia. The charge becomes a felony when aggravating factors are present. These factors include high-speed flight, endangering others, or having a prior conviction for the same offense.

What is the penalty for fleeing and eluding the police in Georgia?

A misdemeanor conviction may result in up to 12 months in jail and fines up to $5,000. A felony conviction carries one to five years in prison, fines up to $5,000, and license revocation. Additional consequences may include probation, insurance increases, and employment difficulties.

Can a felony fleeing and eluding charge be reduced to a misdemeanor?

In some cases, a felony fleeing and eluding charge can be reduced to a misdemeanor. An experienced defense attorney may negotiate a reduction depending on the facts. The speed involved, whether anyone was injured, and the driver’s criminal history all matter. Prosecutors in some Georgia counties are more open to reductions than others. Local court familiarity matters.

Will I lose my driver’s license if convicted of fleeing and eluding in Georgia?

A conviction may result in license suspension or revocation through the Georgia DDS. Felony convictions typically carry mandatory revocation. Multiple convictions could trigger habitual violator status. This results in a five-year revocation.

How long does a fleeing and eluding conviction stay on my record?

In Georgia, criminal convictions generally remain on your record permanently unless you qualify for record restriction (formerly expungement). Felony convictions are particularly difficult to restrict. Consulting an attorney about your specific eligibility is the best course of action.

The first thing that every accused citizen arrested for intoxicated driving needs to know is that all DUI cases in Georgia are criminal offenses, with mandatory probation and jail time. Thus, the United States Constitution guarantees your right to a public defender if you cannot afford private legal representation. In 100% of these cases, use your Constitutional right, under the Sixth Amendment.

For this reason, our law firm talks to several hundred accused citizens annually, and all are seeking our legal advice on how to get out of a DUI in Georgia. After writing a book (in 1991) called “101 Ways to Avoid a Drunk Driving Conviction,” Atlanta DUI lawyer William C. Head gained national recognition for empowering people to seek the best legal counsel for their impaired driving cases.

Since then, he has authored or co-authored another dozen books on driving while intoxicated cases, in a variety of states. Today, he is teamed up with former cop turned Atlanta DUI attorney Cory Yager and AVVO superstar Larry Kohn. Each of the partners has been with Mr. Head since their law school days.

How can I read up on Georgia DUI laws to see what I am facing? When you contact our lawyers for DUI near me, ask for the FREE PDF copy of Mr. Head’s DUI book for non-lawyers, called “The DUI Book.” Then, when you meet with our DUI lawyers near me, our legal professionals can answer all your other questions, such as payment plans for attorney’s fees.

The 9 Most Common Questions Asked of Our Criminal Defense Attorneys (FAQs)

1. Should I have taken the breathalyzer test after my arrest for DUI? All states have been “encouraged” to enact implied consent laws that suspend a driver’s ability to drive is she or he refuses to submit to the breathalyzer or blood test requested by police, after the DUI arrest. In Georgia, that total license suspension is for 12 full months.

I also read online that I can install and pay for an ignition interlock device for 12 months. Is that wise to do, or should I file a DDS GA appeal? Yes, if you are an eligible Georgia licensee. This is a very important issue to go over with our best attorneys near me, during your no-cost free consultation.

2. What does DUI mean? My traffic citation for driving under the influence has the notation “OCGA 40-6-391.” The other traffic tickets have different citation numbers and code sections. The traffic ticket is the accusation against you. Each new motor vehicle charge should have a different code section.

What does DWI stand for? Either driving while intoxicated (TX) or driving while impaired (NC).

3. The law enforcement officer never saw me driving a moving vehicle. Does this mean I cannot be convicted? Our GA laws changed over 30 years ago to cover actual physical control. If you were in the driver’s seat, and have the key (fob, or other means to start the vehicle), you may be charged with D.U.I.

4. For the best lawyers near me in Atlanta GA, how much does a DUI lawyer cost? Fees are set by each law office. Generally, the best lawyers will be charging more, due to how they approach each case, and their track records for success. The purpose of the free lawyer consultation is to explain all that will be done to help you win.

5. For drunk driving, I have heard of both DUI and DWI. What does DUI stand for and what does DWI mean? These are just two of over a dozen different acronyms for driving impaired.

6. On a 2nd DUI in GA, I read a website written by lawyers for DUI near me that says that I could lose my right to drive for 120 days. Is that true? If convicted, yes. If your second offense DUI is reduced to a lesser crime (e.g., reckless driving GA) then you avoid this mandatory loss of driving privileges.

7. My case is pending in the Atlanta Traffic Court located at 150 Garnett Street. Should I demand a jury trial and move the case over to Fulton County State Court? No, don’t do that. This court has fair prosecutors that may offer you a favorable outcome, if you have legal counsel that has found flaws in the arrest, testing and/or booking process.

8. Would going ahead and taking the DUI school course early help my cause, or be a wise move for me to make? It cannot hurt you and may help you. In some of our courts, it is very highly valued to be proactive like this.

9. If I submitted to the post-arrest blood alcohol test, will that sample also be tested for marijuana? Good question. Usually, if your blood alcohol level is over the legal limit, then the GBI won’t retest for drugs. But our lawyers near me for DUI will request to have access to that blood, to look for proof of prescribed medications (e.g., zolpidem or Ambien) that may have identified a medical condition (unintentional or somnambulant driving) known as “sleep-driving.”

How Can I Judge My Chances to Beat a DUI Less Safe Case in Georgia?

When a person faces a DUI alcohol less safe case in Georgia, the decision about whether the accused driver has been proven to be a less safe driver is up to the “trier of fact.” This is either a jury, or a judge at a “bench trial” (if the accused citizen or his or her DUI lawyer opts to submit the guilt-innocence phase of the DUI case to a judge sitting without a jury).

Because tens of thousands of Georgia DUI arrests begin their criminal court journey in a municipal court in Georgia, which is one of several non-jury, entry-level courts, the major factor is deciding on a “judge trial” over a trial by jury is the judge’s reputation for fairness and being even-handed. Because the municipal court judge assigned to hear the DUI case is appointed in all municipal courts except one, some judges make their rulings based on retaining their appointment by the mayor, the city manager, or by the mayor and city council.

The truth is that most accused citizens are poor judges of their chances to win a DUI case. This is because 99% of our clients have never had any kind of criminal trial, and have never watched a trial of any type, especially not an OCGA DUI less safe case.

Virtually 100% have never watched a DUI trial, nor know the intricacies of GA DUI law, or have been the accused person in a DUI prosecution. Plus, a non-lawyer will have no knowledge about how to exclude field sobriety test evidence, or a breath alcohol test, based upon various legal issues surrounding these common legal issues in drunken driving cases.

These factors can make a HUGE difference in any DUI case, and a seasoned, experienced DUI attorney can assess the chances of success to a reasonable degree of certainty, once he or she knows all the State’s evidence.

More Information About Our Three Award-Winning Legal Book Authors and DUI Defense Attorneys

With four GA metro Atlanta DUI law firm locations, our criminal law attorneys near me in Georgia will travel statewide to help accused citizens on their impaired driving cases. Call today for your FREE lawyer consultation at 404-567-5515.

What do you have to lose by calling? Three top-rated DUI legal book co-authors and targeted information about how to fight a DUI in GA.

By far, a first DUI in Georgia has the most benign punishments and consequences. However, even a 1st DUI in Georgia remains on your criminal history for life.

All DUI offenses have a DUI fine (and heavy surcharge assessments added) in GA. To this financial punishment, mandatory probation is imposed and cannot be shortened. Almost all cases require DUI jail time, and all mandate community service hours, DUI classes, and possible substance abuse treatment. Georgia DUI laws were amended by the Georgia General Assembly effective July 1, 2008, to add a felony offense for a 4th DUI within 10 years.

In DUI cases in which the arrest was made July 1, 2017, and after, a new ignition interlock device (IID) option exists for Georgia licensees ages 21 and over, who have not had any prior DUI convictions within the past five (5) years, nor have had an adverse administrative license suspension action against their Georgia driver license within that same time frame.

The new Georgia Code section, OCGA 40-5-64.1 allows drivers to opt to install (in one vehicle only) a 12-month IID instead of filing an appeal of the administrative license suspension to the GA Department of Driver Services. Those who install an ignition interlock MUST (within 30 days after their DUI arrest) have the device attached to a motor vehicle and must have obtained and paid for the special interlock-restricted driving permit from DDS GA.

COMMON ACRONYM(S) and descriptive words USED TO DESCRIBE “IMPAIRED DRIVING,” “DRUNK DRIVING,” “INTOXICATED DRIVING”:

• Driving under the Influence, which is commonly called DUI “Less Safe;”
• DUI;
• Driving with an unlawful Alcohol Concentration, which is commonly called “DUI Per Se“

What Vehicles or Transportation Devices Are Covered?

What is the PROHIBITED VEHICULAR ACTIVITY: Driving or being in actual physical control of a “moving” vehicle. Furthermore, GA DUI laws do not apply to non-motorized vehicles, like bicycles, horses, mules, skateboards, or any other non-motorized transport methods.

In What Geographic Locations Can a DUI Arrest Be Made?

Georgia has separate Boating under the Influence Laws for watercraft in likes and rivers. The DUI laws in the Peach State do not apply to boats or any motorized crafts on the water. Moreover, no impact to a Georgia driver’s license occurs if convicted of BUI (boating under the influence)

Using the broadest language, DUI laws in GA call for an arrest anywhere in Georgia, including on private property.

No published case in the Federal courts addressing whether our state DUI law will apply to those areas within the exclusive control and jurisdiction of the federal government, but any federal land cases currently are prosecuted in a federal district court using the federal rules of criminal procedure but apply substantive Georgia DUI law.

DUI Offenses: Within O.C.G.A. Section 40-6-391

A person shall not drive or be in actual physical control of any moving vehicle while:

• (a)(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
• (a)(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
• (a)(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
• (a)(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;
• (a)(5) The person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
• (a)(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person’s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood.

Plus, these other important provisions under 40 6 391 apply:

• (i) Driving a commercial motor vehicle, while under the influence of alcohol, with alcohol concentration 0.04 grams or higher;
• (k) For drivers under the age or 21 years, driving, while under the influence of alcohol, or driving with an alcohol concentration of 0.02 grams or higher.

Degree of Impairment Required

(a)(1) through (a)(4), proof that the driver was “impaired” by alcohol, marijuana, noxious fumes or any combinate of 2 or more of these substances, is required. In addition, under (a)(5)-alcohol, and (a)(6)-marijuana, these statutes cover have a per se amount of alcohol (a)(5) or marijuana or a “controlled substance” in the driver’s blood or urine, such that the motor vehicle operator is “incapable of driving safely.”

DUI Penalties and DUI Consequences for Various GA DUI Offenses

First DUI conviction within ten (10) Years: $300 – 1,000 fine plus statutory surcharges and add-ons, 40 hours community service, 12 months of probation, with credit given for any time incarcerated, following the DUI arrest; ten (10) days to 12 months in jail, all of which may be suspended or probated by the judge, with the exception of 24 hours to serve, if the post-arrest implied consent test registered at 0.08 grams percent or higher; 1-year driver’s license suspension. For those age-21 and older Georgia licensees, with no prior convictions within the prior 5 years (measured by dates of arrest) a work permit can be obtained immediately after a conviction for a DUI in Georgia first offense. A DUI first offense within 5 years is a simple misdemeanor.

This work permit is a 12-month limited permit, but after the first 120 days, the person can show proof of completion of the DUI school (called “risk reduction course” in Georgia and pay the license reinstatement fee to obtain full reinstatement of his or her Georgia license, if no new violations. DUI School. No work permit if convicted of DUI-drugs. O.C.G.A. 40-6-391 (c)(1)(A)-(E)

Second DUI conviction within ten (10) Years: $600 – 1,000 fine, 30 days (240 hours) of community service, 12 months of probation less any actual days of incarceration, 90 days jail all of which may be suspended, etc., except 72 hours; 3-year license suspension with one-year “hard” suspension followed by 6-month Georgia-only work permit with proof of ignition interlock and full reinstatement after work permit if no violations. DUI School followed by “clinical evaluation” for additional alcohol counseling; $25 publication fee for newspaper ad displaying the driver’s mug shot and a summary of the case disposition in the county of driver’s residence. O.C.G.A. 40-6-391 (c)(2)(A)-(F) and (j)(1) and (2). A 2nd DUI offense within 5 years is a simple misdemeanor.

Third DUI conviction within ten (10) Years: $1,000 – 5,000 fine, 30 days (240 hours) of community service, 12 months of probation less any actual days of incarceration, 120 days jail all of which may be suspended, etc., except 15 days; 5-year license revocation with two-year “hard” suspension of ALL driving privileges, followed by three-year Georgia-only work permit with proof of an ignition interlock device being installed. Full GA license reinstatement possible after total of five years if no new violations have occurred during that five-year period. Completion of the Risk Reduction Program (DUI School), followed by proof of completion of all substance conditions and counseling; $25 publication fee for newspaper ad displaying the driver’s mug shot and a summary of the case disposition in the county of driver’s residence. O.C.G.A. 40-6-391 (c)(2)(A)-(F) and (j)(1) and (2). A third DUI within 5 years is a “high and aggravated” misdemeanor, meaning that for every 30 days of jail time given, the convicted DUI driver must serve 26 of those days.

Fourth DUI conviction within ten (10) Years (FELONY): $1,000 – 5,000 fine, 60 days (480 hours) of community service, up to 5 years in state prison or county jail, all but 90 days of which may be suspended, etc., except 15 days; 5-year license revocation with two-year “hard” suspension followed by three-year Georgia-only work permit with proof of ignition interlock. Full reinstatement after total of five years if no violations during that five-year period. DUI School followed by “clinical evaluation” for additional alcohol counseling; $25 publication fee for newspaper ad in the county of driver’s residence. O.C.G.A. 40-6-391 (c)(3)(A)-(F) and (j)(1) and (2).

The Georgia Department of Driver Services, not the courts in Georgia, controls license suspensions.

Statutory Presumptions of Impairment Under GA Laws: O.C.G.A. 40-6-392 (b)

b. Except as provided in subsection (c) of this Code section, upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, the amount of alcohol in the person’s blood at the time alleged, as shown by chemical analysis of the person’s blood, urine, breath, or other bodily substance, may give rise to inferences as follows:

1. If there was at that time an alcohol concentration of 0.05 grams or less, the trier of fact in its discretion may infer therefrom that the person was not under the influence of alcohol, as prohibited by paragraphs (1) and (4) of subsection (a) of Code Section 40-6-391; or
2. If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any inference that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1) and (4) of subsection (a) of Code Section 40-6-391, but such fact may be considered by the trier of fact with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1) and (4) of subsection (a) of Code Section 40-6-391.

Georgia Implied Consent Laws

Tests permitted: blood, breath, urine, or other bodily substance, one or more samples as designated by arresting officer. After the Elliott v. State case in 2019, breath alcohol testing cannot be compelled through the GA implied consent law, but blood or urine can be.

Type of advisement required: “substantial compliance” of reading printed card carried by all officers. The exact wording is O.C.G.A. 40-5-67.1. There are three warnings: under 21 (b)(1), commercial drivers (b)(3) and all other drivers (b)(2).

At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent notice from the following:

(1) Implied consent notice for suspects under age 21:

“The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver’s license, or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more, your Georgia driver’s license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?”

(2) Implied consent notice for suspects age 21 or over: “The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver’s license, or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver’s license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?”

(3) Implied consent notice for commercial motor vehicle driver suspects: “The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a commercial motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?”

(d.1) Nothing in this Code section shall be deemed to preclude the acquisition or admission of evidence of a violation of Code Section 40-6-391 if obtained by voluntary consent or a search warrant as authorized by the Constitution or laws of this state or the United States.

O.C.G.A. § 40-5-67.1. Administrative Penalties and License Suspension.

Penalties for refusal: The driver suffers a “hard” administrative driver’s license suspension. At trial, the jury is instructed that it may infer that the test would have shown positive for the prohibited substance.

Admissibility of refusal: Admissible in the criminal trial.

Administrative Per Se law: Immediate license seizure at time of arrest, thirty (30) calendar days to request hearing. 30-day (for a 1^st offender), 3-year (for a 2^nd DUI within 5 years), 5-year revocation (for a 3^rd DUI within 5 years).

So long as driver submits to the post-arrest, Georgia implied consent law forensic test requested by police, the administrative suspension counts towards (and any suspension time is credited against) any potential suspension time that may later be created by a conviction.

All Georgia licensees may have work permits as set forth above. For more information, call today for a FREE lawyer consultation with our three Georgia Super Lawyers. 404-567-5515.

Not every DUI arrest in Georgia occurs in the traditional manner, where our client is pulled over to the shoulder of the road. This article discusses how our award-winning DUI attorneys with highest lawyer ratings have defended clients with odd fact patterns to obtain a DUI dismissal or a reduction of charges.

These cases all resulted in NO DUI conviction for these clients. Many of these have been for an Atlanta DUI or a hit and run in Atlanta If we are contacted within the first 24 hours of the “incident,” this early guidance to our clients often makes a huge difference.

Seven fact patterns discussed on this blog post have occurred in cases handled by our Georgia DUI attorneys near me. Our law firm’s attorneys have handled over 10000 cases in which a DUI charge was brought against our client. You will be hard-pressed to find another DUI lawyer Atlanta law office to have handled that many cases.

Especially when a client is not located within several hours after such collisions, they might ask our DUI lawyer GA litigation team, “Can i get charged with a DUI after the fact?” That answer is maybe, but the bigger question becomes, “How much proof collected by police points to our client, to the exclusion of all others?”

This types of evolve after two motor vehicles strike each other in a parking lot or on a roadway. Two (or more) vehicles collide, and our client left the scene, either under the vehicle’s own power or on foot. Can you be arrested for drunk driving after the fact when these crashes occur? Absolutely.

This behavior of not staying at the roadway and giving aid, if anyone is hurt, is commonly called hit and run GA. This serious misdemeanor crime (after being involved in a motor vehicle collision and then fleeing the scene) is as problematic for a criminal justice attorney to defend (in many ways) as a DUI offense.

In addition, if another person is seriously injured or killed by the DUI-DWI driver, a first-degree vehicular homicide GA or serious injury by vehicle in the first degree will by indicted or charged. A similar sentence for a hit and run Georgia case resulting in a fatality of serious bodily injury. Each of these Georgia felonies carry up to 15 years in state prison for each injured or deceased person.

7 Actual DUI Case Fact Patterns Where Excellent Results Were Obtained

Seven different actual case scenarios are discussed below. These examples show you how cases can be won:

1. In some cases, the client gets to his or her home, or to a nearby restaurant or bar that is still serving alcoholic beverages. The key is for the person to not answer the door. If the door is answered, remain silent. Plus, multiple empty containers of alcoholic beverages in the trash case may assist.
2. Other times, police find the suspected Georgia hit & run disabled vehicle on the road, facing the same direction as the vehicle that fled. In a dew cases, a tag number or partial number is observed, but often, the description is too vague or lacking in detail. These omissions may include mistaking the color of car or truck and being able to accurately describe the driver. If an officer continues driving, and then see a pedestrian walking a mile or so down a desolate stretch of roadway. If the client knows to remain silent and only provide his or her name and address, these will usually be good cases. If that abandoned vehicle is not registered to our client, and he or she had enough forethought to leave the keys in the abandoned vehicle, that improves our facts even more.
3. If the client is found have alcoholic beverages in a bar 40 minutes later, police officers cannot tell how much alcohol was consumed after the collision or before, unless the person self-incriminates.
4. In a few cases, our client made it to a nearby hotel and paid for a room and was never found in or near the suspected vehicle that night. In one Alpharetta crash in a heavy rainstorm, the client’s vehicle was totaled on northbound GA Highway 400, but he quickly got out of the wrecked vehicle and jumped a right-of-way fence and hightailed it through the woods. This was about 3:30 in the morning. He was never located the night of the wreck. Police did receive a call from a nearby Waffle House of a rain-soaked, muddy white male, who asked to use the restaurant’s phone.
5. In one recent case, our client was almost home, when she veered into a parked vehicle and also struck a utility pole. Her vehicle was still drivable, and she got to her home a few blocks away, opened the garage and got inside the closed garage. Unless someone opened the door, a search warrant would have been needed. Since this was an unoccupied, parked vehicle, the hit and run statute under OCGA 40-6-270 was not implicated.
6. In different cases in two different jurisdictions, our client (in each case0 was having a medical crisis (both were diabetics). One (who was driving a pickup truck) sideswiped another vehicle but never slowed down. In the other accident, that client sideswiped a car that was waiting for a traffic light to change, and the confused driver got out of his vehicle and walked to his apartment building. Both cases were reduced, and a plea entered to a minor charge, but our DUI defense lawyer team had to bring medical records and other proof to negotiate the case out.
7. DUI Lawyer Atlanta answers: What is DUI “after the fact” arrest? In one very odd case, our client was found in his damaged vehicle that was on the property of a towing company in DeKalb County, in what is now in the city of Brookhaven. The highly intoxicated client was found sitting inside the vehicle that was so damaged that it could not have been driven to that towing lot.

The client never admitted driving, and this tow lot was within a short walking distance from a notorious nude bar that was open and serving booze at the time of the police investigation. This client had been a client of Mr. Head’s before and knew to not talk. Multiple police cars looked for nearby telephone poles and other fixtures along all roadways near this location but never found any likely place this vehicle may have crashed.

Frustrated by the drunk man’s silence, the DeKalb County police officer charged this client with DUI. Mr. Head requested a non-jury (bench trial), and cross-examined the two investigating officers so aggressively, that the judge ruled that the man was not guilty. By showing five different, plausible alternative explanations (including that this vehicle could have been towed to this lot from another jurisdiction, OR that the client may have ridden with the tow driver, and once there, saw the strip club and decided to visit there, and get drunk, before returning to sleep it off in his totaled vehicle.

Top-Rated DUI Lawyers Near Me

DUI Atlanta lawyer Larry Kohn and Atlanta DUI defense attorney Cory Yager are the name partners in Kohn & Yager LLC. Their professional corporation teams up with William C. Head PC, the professional law corporation of William Head, better known as Bubba Head, Attorney Atlanta Georgia. Mr. Kohn began clerking 25 years ago, before passing the GA Bar and joining Mr. Head’s law office group.

The 45-year veteran Georgia DUI lawyer is the best-known Atlanta DUI lawyer, largely due to being the author of the leading legal guide on defending Georgia DUI Laws since 1995. The “double Dawg” UGA school grad enjoys top attorney ratings and is one of fewer than 100 Board-Certified DWI-DUI attorneys in America, with the National College of DUI Defense.

In addition to our DUI lawyers in Atlanta, our law group has three other offices in Marietta (Cobb County), Alpharetta, and Sandy Springs (Fulton County). All have free parking nearby, except for the downtown Atlanta office, which is directly above the Peachtree Center MARTA train terminal.

When you need an experienced and qualified criminal defense attorney for a driving under the influence case, look no further. Our attorneys in Atlanta GA are experts on legal issues like:

Georgia implied Consent Laws

Field Sobriety Testing Errors

How to fight a blood alcohol test

How to Avoid having a mandatory State ignition interlock device put in your vehicle for 12 months (or longer)

DUI Schools: A DUI Driving School near me that permits VIRTUAL classes for Risk Reduction Course

A hit and run in Atlanta, GA often leads to a DUI arrest hours after the driver has left the scene. Police track down the driver at home, at a nearby business, or through a tag number. They make an arrest long after the collision occurred. These after-the-fact DUI cases are highly defensible. The State must still prove the driver was impaired at the time of driving – not at the time of arrest.

When a DUI and hit and run are charged together, prosecutors face a serious evidence gap. They lack field sobriety observations from the crash. They also lack a breath or blood test taken at that time. Without this evidence, the State struggles to prove impairment beyond a reasonable doubt. A driver found hours later may have consumed alcohol after the collision. The driver may have been sober at the time of driving. Or the driver may not have been the person behind the wheel at all.

Our attorneys at William C. Head, PC have defended thousands of Georgia DUI cases over the past four decades. We have handled cases involving multiple DUI charges, repeat DUI offenders, and complex hit and run scenarios across metro Atlanta courts. Many of these cases resulted in dismissals, reductions, or acquittals.

The seven real case scenarios below show how our defense team has obtained favorable results in after-the-fact DUI arrests. Each fact pattern highlights a different defense strategy. Each shows a different set of circumstances. Results vary based on the specific facts of each case.

What Is a Hit and Run DUI in Georgia?

Georgia law requires every driver involved in a motor vehicle accident to stop at the scene. Under Georgia law, drivers must stop at the scene of an, provide identification, and render aid if anyone is injured. Failing to stop is a separate criminal offense. Prosecutors frequently stack this charge alongside DUI charges.

The severity of a hit and run charge depends on what happened at the scene. A collision involving only property damage is typically a misdemeanor. If another person suffers serious injuries, the charge escalates to a felony. This carries up to five years in prison. If a fatality results, the driver faces up to ten years for hit and run alone. A separate vehicular homicide charge could add up to fifteen years.

Prosecutors stack hit and run with DUI charges because each offense carries independent penalties. A conviction on both counts means consecutive sentencing is possible. The hit and run charge also adds leverage during plea negotiations.

But the State faces a significant evidentiary problem when the driver is arrested hours after leaving the scene. Police have no recent BAC reading. They have no field sobriety test observations from the time of driving. They have no firsthand observations of the driver's behavior behind the wheel. The State must prove impairment at the time of driving. The passage of time creates reasonable doubt. A skilled defense attorney can exploit this gap. They challenge the timeline. They question witness identification. They present evidence of alcohol consumed after driving.

7 Actual DUI Case Fact Patterns Where Excellent Results Were Obtained

Seven different case scenarios from our firm's files show how after-the-fact DUI arrests can be successfully defended. Each case resulted in no DUI conviction for the client. Past results do not guarantee future outcomes.

Case 1: Client Found at Home After Hit and Run Report. A driver struck another vehicle in Fulton County and drove home. Police arrived at the client's residence about two hours later. They based the visit on a partial tag number. The client answered the door and appeared intoxicated. Our defense focused on one fact: the State could not prove whether the client consumed alcohol before or after driving. The case was reduced to reckless driving. Prosecutors could not establish impairment at the time of the collision.

Case 2: Driver Walked Away and Was Found at a Nearby Bar. After sideswiping a parked car, the client abandoned the disabled vehicle. The client walked to a bar that was still serving drinks. Police found the client 40 minutes later, clearly intoxicated. Because the client had been inside the bar consuming alcohol after the crash, officers could not determine how much alcohol was consumed before versus after driving. The DUI charge was dismissed. The client pleaded to a minor traffic offense.

Case 3: Pedestrian Found Walking on a Desolate Road. An officer found an abandoned vehicle on a rural stretch of roadway. The officer then spotted a pedestrian walking more than a mile away. The vehicle was not registered to the client. The keys had been left inside. The client provided only a name and address. The client exercised the right to remain silent. Without an admission of driving and without proof linking the client to the vehicle, the DUI charge could not be sustained. The case was dismissed.

Case 4: Repeat DUI Defendant Reached a Hotel Room. A client with a prior DUI conviction was involved in a single-vehicle accident. The client made it to a nearby hotel and rented a room for the night. Police never located the client near the suspected vehicle that evening. Because this was a repeat DUI situation, the potential penalties were severe. Mandatory jail time was required. Our defense team argued that officers never observed the client in or near the vehicle. No chemical test was obtained. The State entered a nolle prosequi on the DUI charge.

Case 5: Driver Fled Through Woods After Highway Crash in Alpharetta. During a heavy rainstorm around 3:30 a.m., the client's vehicle was totaled on northbound GA Highway 400. The client exited the wrecked vehicle. The client jumped a right-of-way fence and moved through the woods. A Waffle House employee later reported a rain-soaked, muddy individual who asked to use the phone. Police never located the client that night. Without a positive identification at the scene or a chemical test within the relevant time window, the DUI charge was reduced.

Case 6: Two Diabetic Drivers Experienced Medical Crises. In two separate cases in different jurisdictions, our clients – both diabetics – were involved in sideswipe collisions. One driver in a pickup truck sideswiped another vehicle without slowing down. The other struck a car waiting at a traffic light. That driver then walked to a nearby apartment in confusion. Our defense team obtained medical records documenting each client's diabetic condition. We demonstrated that the erratic driving was caused by a medical emergency, not alcohol impairment. Both cases were reduced to minor charges. Neither resulted in a DUI conviction.

Case 7: Intoxicated Client Found Inside Totaled Vehicle at Tow Lot. A client was found sitting inside a severely damaged vehicle on the property of a DeKalb County towing company near what is now Brookhaven. The vehicle was too damaged to have been driven to the lot. The client had previously been represented by Mr. Head and knew to remain silent. The client refused to answer questions. A notorious bar was within walking distance and was open at the time. Mr. Head requested a bench trial and cross-examined the investigating officers aggressively. He presented five plausible alternative explanations. The vehicle could have been towed from another jurisdiction. The client may have visited the nearby bar and returned to sleep in the vehicle. The judge returned a not guilty verdict.

Top-Rated DUI Lawyers Near Me

William C. "Bubba" Head has defended Georgia DUI cases for over 45 years. He is the author of the leading legal treatise on defending Georgia DUI laws. This resource has been used by attorneys across the state since 1995. Mr. Head is one of fewer than 100 Board-Certified DUI defense attorneys in America. He holds this certification through the National College for DUI Defense. Mr. Head holds a Martindale-Hubbell AV Preeminent rating. He has been recognized by Super Lawyers and Best Lawyers in America.

Larry Kohn and Cory Yager are the name partners of Kohn & Yager LLC. They team with William C. Head, PC. Mr. Kohn began working with Mr. Head over 25 years ago. He has built deep experience in complex DUI defense. Both attorneys are recognized as top DWI lawyer selections in national legal directories. Georgia uses the term DUI rather than DWI.

Our firm has specific experience defending hit and run DUI cases. We represent clients facing multiple DUI charges in Fulton, DeKalb, Gwinnett, Cobb, and Clayton County courts. As a multiple DUI lawyer team, we understand how Georgia's escalating penalty structure works. We know how to challenge the State's evidence at every stage. Our offices are located in Atlanta, Marietta, Alpharetta, and Sandy Springs. If you need a DUI attorney near me, our experienced defense lawyers are ready to help you understand your options.

Defending Multiple DUI and Repeat DUI Cases in Georgia

Georgia uses a ten-year lookback period for DUI sentencing. Any DUI conviction within the past ten years counts as a prior offense. Penalties escalate sharply with each subsequent conviction.

A second DUI within ten years carries a minimum of 48 hours in jail. Fines range from $600 to $1,000. Community service is 240 hours. A mandatory clinical evaluation is required. A third DUI raises the minimum jail time to 15 days. Fines may reach $5,000. The defendant's name and photo must be published in the local newspaper. A fourth DUI within ten years is a felony. It carries one to five years in prison. Driving privileges are permanently revoked.

Beyond sentencing, repeat offenders face ignition interlock requirements. They may be designated as a habitual violator. Habitual violator status triggers a five-year license revocation. Any subsequent driving becomes a felony offense.

After-the-fact arrest scenarios matter even more for repeat offenders. The stakes are higher. The State's proof burden deserves aggressive scrutiny. A repeat DUI lawyer can attack the driving element. Was the client actually behind the wheel? The defense can challenge the impairment-at-the-time-of-driving element. The defense can question the chain of custody on any blood test obtained hours after the alleged driving.

At William C. Head, PC, we have defended repeat and multiple DUI cases across Fulton, DeKalb, Gwinnett, and Cobb County courts. Many clients facing a second or third DUI find us after searching for a multiple DUI attorney. They search for a repeat DUI lawyer who understands Georgia's lookback rules. Georgia does not use the term DWI. Many out-of-state clients search for a top DWI lawyer when looking for experienced counsel. We welcome those clients. We explain how Georgia law applies to their situation.

Every DUI case depends on its specific facts. Prior results do not guarantee future outcomes. Anyone facing repeat DUI charges should consult an attorney promptly.

Speak With an Atlanta Hit and Run and Multiple DUI Defense Lawyer

Time is critical if you were arrested for a DUI after leaving the scene of an accident. Time is also critical if you face a second, third, or fourth DUI charge in Georgia. Under Georgia's implied consent law, you have only 30 days from your arrest date to appeal an administrative license suspension. Missing that deadline means an automatic suspension. This happens regardless of what occurs in your criminal case.

William C. Head, PC offers a free initial consultation for DUI and hit and run cases. When you call, have your arrest citation ready. Have your bond paperwork. Have any notices from the Georgia Department of Driver Services. Our team will review your case. We will explain the charges you face. We will outline the defense strategies available based on your specific facts.

No attorney can guarantee a particular outcome. But our firm has a proven track record. We obtain dismissals, reductions, and acquittals in after-the-fact DUI arrests. We obtain favorable results in repeat DUI cases. Call us at (404) 567-5515 to schedule your consultation.

Frequently Asked Questions About Hit and Run and Multiple DUI Charges

Can I be charged with DUI in Georgia if I was arrested at home after a hit and run?

Yes. Georgia police can arrest you for DUI even if you are no longer in or near your vehicle. Officers may track you down through witness descriptions, tag numbers, or surveillance footage. However, the State still must prove you were impaired at the time of driving. If hours passed between the collision and your arrest, a defense attorney can challenge whether any observed impairment resulted from alcohol consumed after you stopped driving.

What are the penalties for a second or third DUI conviction in Georgia?

A second DUI within ten years carries a minimum of 48 hours in jail, fines between $600 and $1,000, and 240 hours of community service. A third DUI within ten years carries a minimum of 15 days in jail, fines up to $5,000, and mandatory publication of the defendant's name and photo. Both carry license suspension and ignition interlock requirements. Penalties could increase depending on aggravating factors like a high BAC or an accident involving injuries.

Is hit and run a felony in Atlanta, Georgia?

It depends on the circumstances. A hit and run involving only property damage is typically a misdemeanor under Georgia law. If another person suffers serious injuries, the charge may be elevated to a felony carrying up to five years in prison. If the accident results in a fatality, a felony hit and run charge could carry up to ten years. Vehicular homicide charges may be filed separately.

How can a multiple DUI lawyer defend a repeat DUI case in Georgia?

A skilled defense attorney examines every element the State must prove. The defense may challenge whether the client was actually the driver. The defense may challenge whether impairment existed at the time of driving. The defense may question whether chemical test results are reliable given the delay between driving and testing. Additional defenses may include Miranda violations, improper search and seizure, and unreliable witness identification. Each case depends on its unique facts.

Georgia impaired driving laws are amended from time to time and while it is OK if a typical driver doesn’t know the latest GA DUI laws, the best Atlanta DUI lawyers must stay up-to-date on every change that is made by lawmakers. Like with almost every other criminal code in Georgia, laws are modified and passed based on appeals filed by criminal defense attorneys, and judge’s rulings in individual cases. Another reason why state laws change is due to pressure from citizen groups like Mothers Against Drunk Driving (MADD) to strengthen conviction penalties, or to lower the minimum legal blood alcohol limit (BAC).

All 50 states have set that minimum BAC at 0.8% for drivers over 21, with lower BACs for underage drivers and people who carry a commercial driver’s license (CDL). Utah is close to reducing older driver’s BAC to 0.05% and the rest of the country may follow suit.

Note that the term “impaired driving” also includes a situation where a person still gets charged with driving drunk or high but the driver’s car was parked in a parking lot and the engine was turned off. Or someone had too much to drink and decided to pull into a mall parking lot, turn off the car, and “sleep it off” for an hour. If a mall cop pulls up and gets suspicious he may call in local law enforcement. If this policeman can see your car keys resting in the center console he can still arrest you for impaired driving. These cases are complicated so you need a lawyer who knows the exact official Georgia code section that pertains to this unique situation. By the word “high” I mean operating a motor vehicle under the influence of marijuana – these DUI drugs cases have risen in number every year.

How does a police officer know you have been smoking weed? One way to tell is by observing your eyes and listening to your pattern of speech, but an officer will ask you to submit to a blood test back at the police station or the jail. A blood sample will not be taken at the side of the road nor will a portable breathalyzer detect marijuana usage, so a blood draw is required.

Here are a few things you should know about the impaired driving laws in the Peach State:

What Is Your Legal BAC Level?

A BAC level of 0.08% in Georgia for a driver over 21 years of age makes you an offender of DUI laws. Commercial Driver’s License (CDL) holders are held to half that amount: 0.04% BAC. Drivers under 21 are held to a much lower amount: 0.02% BAC.

Your BAC should be checked by an officer within 3 hours of your driving. However, exceeding that 3-hour limit doesn’t necessarily negate the officer’s claim of your impaired driving. You can be charged with a DUI less safe even if your blood alcohol level registers below the minimum.

Can I Be Charged With BAC Under 0.08% ?

Yes you can easily be charged with impaired driving even with a BAC level under 0.08%. This is because Georgia follows two standards under its DUI laws: DUI less safe and DUI “per se.” While DUI per se requires you to have a BAC of 0.08% or above, DUI less safe depends upon your driving performance under a lower BAC. if the officer is convinced that your driving is not safe even with a lower BAC, you can be charged with DUI and face penalties including license suspension.

Underage Impaired Driving Laws – Drivers 21 and Younger

For drivers aged 15 to 21, the BAC level in Georgia is .02%. Anything above that can lead to license suspension for 6 months. For those drivers who were planning to get their official Georgia driver’s license soon the process will be delayed 12 months. In the case of a BAC over 0.08%, the person is prosecuted as an adult and will face criminal conviction penalties. All of these painful consequences can be avoided entirely if you are found not guilty, or your case is dismissed entirely. An arrest is not a conviction! You have every right to walk into court alone, plead guilty and try to put the whole incident behind you.

The trouble is you will feel the effects of this conviction for a long time. Why? Because your car insurance rates will go up, you will be on probation for a year, you may have to go back to jail, and a conviction stays on your background check for life – there is no DUI expungement is our state, not even for first time DUI offenders.

Will I Serve Jail Time After a DUI Conviction?

Since DUI is a criminal offense in Georgia, even a first-time offender can be sentenced to jail time up to 1 year. However, the judge may use his or her discretion to not award any jail sentence, and may impose probation instead. But in case of BAC over 0.08%, serving jail time of 24 hours is mandatory. A repeat offender may be facing 3 to 5 years of jail time depending on when was their last DUI arrest was and how many DUI convictions they already have – typically over a 5-year-look back period.

What Happens to My Driver’s License If I Get Caught Driving Impaired?

Georgia’s Department of Driver Services (DDS) is liable for administrative suspension of license in any DUI case or otherwise. DDS can suspend your license even without any court hearing or conviction in cases of a BAC over 0.08% – if it is convinced that your driving was unsafe due to intoxication. In cases of any refusal to take the chemical test (breath, blood, or urine), DDS can immediately suspend your license for 1 year or more.

How Much Is the Court Fine For Driving While Impaired?

If you are a first-time offender, you are facing a minimum fine of $300, which can go up to $ 1000. A second time offender also faces fines of up to $1000. Other repeat offenders may have to pay fines up to $5000 if it is a 2nd or 3rd conviction within 5 years. The worst thing that can happen to a client is to have a first DUI case winding its way through the courts, and then get arrested AGAIN for impaired driving. Facing two DUIs at one time is a very difficult case to handle but we have been in this situation many times and have helped families recover and move on.

How Do I Get My License Back After an Impaired Driving Arrest?

To get your license reinstated, you’ll have to complete all the penalties imposed after your conviction including a mandatory alcohol education program which may be accompanied with counseling or treatment in cases of alcohol/drug abuse. Your license reinstatement will require you to produce certificate from an education program and complete the suggested number of counseling sessions or therapy. These requirements, along with a$210 reinstatement fee, means you can get your license back. Early reinstatement is also permitted unless it’s a DUI Drugs case.

Were There Any Alcohol Containers In The Car (Open Container Violation)?

Driving in Atlanta with no considerable BAC level but an open or seal-broken can of alcohol may land you in a DUI case. However, you may be saved if the contents of the can are not removed even partially. Georgia laws prohibit opening or consuming any alcoholic beverage container in the car while driving on public highways, even in the passenger seat, unless it’s a transportation vehicle and the passenger area is separated from the driving area.

Can I Get an Ignition Interlock (Blow and Go Device) Installed?

An ignition interlock can be imposed on a repeat offender (repeating within 5 years of previous offense) to permit them limited driving. However, the court may not subject the offender to it in case the offender is unable to afford an ignition lock due to poor economic condition.

Bubba Head Specializes In DUI Laws And Provides You With Expert Legal Representation To Help You Get The Best Outcome For Your Case. Our Qualified Attorneys Help You Avoid Any Unjustified Penalties And Infringement Of Your Rights. If You or a Loved One Is Charged With Impaired Driving, contact us right away.

You Can Easily Get A Free DUI case review Today. Simply Give Us A Call At Our 24×7 Helpline Number: 404-567-5515.

Other valuable insights on this website:

DUI Less Safe Georgia

DUI Reduced to Reckles Driving

How Long After Smoking Weed can You Get a DUI

Attorney for DUI