Minor drinking laws in Georgia make it illegal for anyone under 21 to purchase, attempt to purchase, or possess alcohol. The federal National Minimum Drinking Age Act of 1984 set the nationwide standard at 21. Georgia adopted this threshold under state law. As of 2026, Georgia treats most underage drinking violations as misdemeanor offenses.

The consequences go far beyond a fine or jail time. A conviction triggers an automatic driver's license suspension. It can jeopardize college admissions. It can disqualify a student from HOPE scholarship funding. It creates a criminal record that shows up on background checks for years. A minor who drives after consuming alcohol faces harsher penalties. Georgia's zero tolerance DUI law imposes greater sanctions than a simple possession charge.

Parents and teens should understand these laws before a mistake reshapes a young person's future.

Georgia's Legal Drinking Age and Underage Possession Law

Georgia's legal drinking age is 21. Under state law, no person under 21 may purchase or possess alcohol. The statute applies to beer, wine, and spirits equally.

Georgia law allows a few narrow exceptions. A minor may possess alcohol when prescribed by a physician for medical purposes. Possession is also legal during a recognized religious ceremony. A minor may possess alcohol under direct parental supervision in a private residence. Minors employed by licensed alcohol retailers may handle sealed containers as part of their job duties. Outside these situations, possession is illegal.

Common scenarios trip up teenagers more often than parents expect. Holding a friend's open container at a party counts as possession. Having an unopened bottle in a vehicle's backseat can support a charge. Simply being present at a gathering where alcohol is served does not automatically create criminal liability. But if an officer finds a minor holding, carrying, or controlling alcohol, that minor faces arrest.

We have defended minors charged after Buckhead house parties and tailgate events near Georgia Tech. The possession element often comes down to one key question. Did the minor have actual physical control of the beverage? That factual distinction matters in court.

Penalties for Underage Possession of Alcohol

Underage possession of alcohol is a misdemeanor in Georgia. A conviction carries up to six months in jail, fines up to $300, and mandatory community service hours. Judges in Fulton, DeKalb, and Cobb counties frequently order alcohol awareness classes as a condition of sentencing.

The collateral consequences often hit harder than the criminal penalties. Georgia's zero tolerance provisions authorize an automatic driver's license suspension for minors convicted of alcohol-related offenses. Losing driving privileges at 17 or 18 disrupts school, work, and daily life in ways a fine does not.

A conviction can also disqualify a student from the HOPE scholarship. The Georgia Student Finance Commission administers HOPE eligibility. A drug or alcohol conviction may trigger a suspension of benefits. Students counting on HOPE to fund their education risk thousands of dollars in lost aid. A University System of Georgia school education depends on continued eligibility.

The criminal record itself creates long-term problems. Employers, graduate schools, and professional licensing boards routinely run background checks. Georgia does offer limited record restriction options under certain circumstances. But the process is not automatic. A minor must petition the court. They must meet specific eligibility requirements. Then they must wait a statutory period before restriction becomes available.

Early criminal defense intervention gives a minor the best chance of avoiding a conviction entirely. This can happen through dismissal, diversion, or negotiated resolution.

Georgia's Zero Tolerance DUI Law for Drivers Under 21

Georgia imposes a zero tolerance standard on drivers under 21. Adult drivers face DUI charges at a blood alcohol concentration of .08 or higher. The threshold for minors drops to .02. That is roughly the equivalent of one beer or one glass of wine.

A first offense triggers an automatic six-month driver's license suspension. A second offense within five years results in a 12-month suspension. The court may also impose fines, community service, and mandatory alcohol treatment programming. In some cases, jail time is possible.

These penalties are separate from and in addition to any underage possession charge. A minor pulled over after leaving a party could face both charges. An underage possession charge may apply. A zero tolerance DUI charge may also apply. The DUI carries significantly heavier consequences. This includes higher fines and a longer license suspension period.

Compared to a standard adult DUI, the zero tolerance law requires far less evidence of impairment. Officers do not need to prove the minor was visibly intoxicated or driving erratically. A BAC reading of .02 alone is enough to support the charge.

We have represented college students from Georgia State, Emory, and Georgia Tech facing zero tolerance charges. These students faced charges after a single drink at a campus event. Even one drink can put a minor over the .02 limit. The consequences follow them for years.

Fake IDs, Furnishing Alcohol, and Related Offenses

Underage drinking charges rarely arrive alone. Related offenses often compound the legal exposure for both minors and the adults around them.

Using a fake ID to purchase alcohol is a separate misdemeanor. This includes using another person's identification or presenting a forged document. A conviction adds another misdemeanor to the minor's record and may carry additional fines.

Adults who provide alcohol to minors face serious consequences. Furnishing alcohol to minors can be charged as a felony offense. Parents, older siblings, and party hosts all face potential liability. Adults may also face civil lawsuits under Georgia's social host liability principles. An adult can be sued if an intoxicated minor causes injury or property damage. This liability can arise if the minor was served at their home or event.

Prosecutors in metro Atlanta counties treat furnishing cases aggressively. This is especially true when the minor was involved in a car accident or required medical attention.

Defenses to Underage Drinking Charges in Georgia

A charge is not a conviction. Several legal defenses may apply depending on the circumstances of the case.

Fourth Amendment challenges are among the most effective. If law enforcement conducted an unlawful traffic stop, the defense may apply. If officers entered a private residence without a warrant, the defense may apply. If officers searched a minor without probable cause, the defense may apply. Any alcohol discovered during that unlawful search may be suppressed. Without the physical evidence, the prosecution's case often collapses.

Lack of actual possession is another common defense. Constructive possession arguments arise when alcohol was found near the minor but not in their hands or under their direct control. Being in a room where alcohol is present does not automatically prove possession under Georgia law.

Statutory exceptions provide additional grounds for dismissal. If the minor possessed alcohol under parental supervision in a private residence, the conduct may fall within the law's recognized exceptions. If the minor possessed alcohol during a legitimate religious ceremony, the conduct may also qualify.

In zero tolerance DUI cases, defense attorneys may challenge several elements. They may challenge the accuracy of BAC testing equipment. They may challenge the officer's administration of the breath test. They may challenge the calibration records of the testing device. Even small procedural errors can undermine the state's evidence.

Many Georgia counties also offer diversion programs for first-time offenders. Fulton County's Pretrial Diversion program may allow eligible minors to complete community service and attend educational classes. Upon successful completion, charges are dismissed. These programs vary by county. Eligibility depends on the specific facts of each case.

Speak With an Atlanta Underage Drinking Defense Attorney

An underage drinking conviction can cost a teenager their driver's license. It can cost them their HOPE scholarship. It can cost them their clean record. The consequences reach into college admissions, job applications, and professional licensing for years after the case closes.

Early legal representation makes a meaningful difference. William C. Head, PC has decades of experience defending minors and young adults. We handle underage possession and zero tolerance DUI charges across Atlanta and surrounding Georgia counties. We understand how prosecutors in Fulton, DeKalb, Cobb, and Gwinnett counties handle these cases. We know which diversion programs, negotiation strategies, and legal defenses produce the best results.

Time matters. Many license suspensions take effect within 30 days. The window to request an administrative hearing is short. Contact William C. Head, PC today for a free, confidential consultation to discuss your child's case and legal options.

Frequently Asked Questions

What is the legal drinking age in Georgia?

The legal drinking age in Georgia is 21. Under state law, no person under 21 may purchase or possess alcohol. Limited exceptions exist for medical prescriptions, religious ceremonies, and parental supervision in a private home. Any violation outside these exceptions is a misdemeanor offense. A conviction can result in fines, community service, and a driver's license suspension.

Can a minor be charged with DUI in Georgia for one drink?

Yes, a minor can be charged with DUI for one drink. Georgia's zero tolerance law sets the BAC limit at .02 for drivers under 21. This is far below the .08 standard for adults. One beer or one glass of wine can push a minor over this threshold. A first offense triggers a six-month license suspension. The charge carries fines and possible jail time. The officer does not need to prove visible impairment.

Will an underage drinking conviction affect my child's HOPE scholarship?

An underage drinking conviction could affect HOPE scholarship eligibility. The Georgia Student Finance Commission administers HOPE scholarship eligibility. A drug or alcohol conviction may result in a suspension of benefits. The specific impact depends on the nature of the conviction and the student's academic standing. Families concerned about scholarship eligibility should consult an attorney before entering a plea to understand the potential financial consequences.

Can parents legally let their children drink alcohol at home in Georgia?

Georgia law provides a limited exception for parental supervision. Under state law, a parent or guardian may allow their own child to possess alcohol in a private residence. This exception does not extend to other people's children. A parent who serves alcohol to minors who are not their own children could face felony furnishing charges. That parent may also face civil liability if those minors are harmed.

OUI (Operating Under the Influence) and DUI (Driving Under the Influence) are both impaired-driving charges. The term used depends on which state files the charge. Most states – including Georgia – use DUI. A handful of states like Maine and Massachusetts use OUI. Despite the different acronyms, both are serious criminal offenses. They carry similar penalty structures, including jail time, fines, license suspension, and a permanent criminal record. Understanding the difference between DUI and OUI matters most when you face charges in a state that uses unfamiliar terminology.

We defend DUI charges across Fulton, DeKalb, and Cobb County courts. Our clients often ask about charges filed in OUI states and how they compare to Georgia law. The short answer is that the legal consequences are equally severe regardless of the label. The key distinction lies in what conduct each term covers.

What Does DUI Mean?

DUI stands for Driving Under the Influence. It is the most widely used term for impaired-driving charges across the United States. In Georgia, driving under the influence is a criminal offense. The statute applies when a person drives or is in actual physical control of a vehicle while impaired by alcohol, drugs, or any combination of the two.

The word “driving” is central to most DUI statutes. Prosecutors typically must show that the vehicle was in motion. They may also show that the driver had actual physical control of it. This can include sitting behind the wheel with the engine running, even if the car is parked.

DUI charges are not limited to alcohol. Georgia law covers impairment from prescription medications, illegal drugs, over-the-counter substances, and inhalants. A person can face DUI charges with a blood alcohol concentration (BAC) of 0.08% or higher. Prosecutors can also charge DUI with a BAC below that threshold if they can prove the driver was less safe to operate the vehicle.

States that use DUI include Georgia, Florida, California, Texas, Arizona, and many others. The specific elements of the offense may vary. But the core concept remains the same: operating a motor vehicle while impaired is a criminal act.

What Does OUI Mean?

OUI stands for Operating Under the Influence. The critical word here is “operating” rather than “driving.” In OUI states, the legal standard is broader. A person can face charges even when the vehicle is completely stationary.

What is OUI vs DUI in practical terms? Under OUI statutes in Maine and Massachusetts, “operating” has been interpreted by state appellate courts to include being in actual physical control of a stationary vehicle. This means sitting in the driver’s seat with keys in the ignition – even without starting the engine – can lead to an OUI charge. Some court decisions have gone further. They find that simply having the ability to put the car in motion constitutes “operating.”

This broader definition catches conduct that might not qualify as “driving” under stricter DUI statutes. A person who pulls over to sleep off intoxication could still face OUI charges in Maine or Massachusetts. Officers may find them behind the wheel.

OUI states are a small minority. Maine and Massachusetts are the two most prominent examples. Rhode Island previously used OUI but has since adopted DUI. The broader “operating” standard is the defining feature that separates OUI from DUI in legal practice.

Key Differences Between OUI and DUI

While OUI and DUI both target impaired driving, several legal distinctions separate the two. Understanding the difference between OUI and DUI helps you know what to expect if you face charges in different states.

Terminology and State Usage. DUI is the dominant term nationwide. Georgia, along with the majority of states, uses DUI in its statutes and court filings. OUI appears primarily in Maine and Massachusetts. The acronym on your citation reflects the charging state’s law, not your home state’s.

Operating vs. Driving Standard. This is the most significant legal difference. DUI statutes generally require proof that the defendant was driving or in actual physical control of a moving vehicle. OUI statutes define the prohibited conduct more broadly. “Operating” can include actions that fall short of driving, such as sitting in a parked car with the keys accessible.

Scope of Conduct Covered. Because OUI casts a wider net, people face charges in situations that might not qualify as DUI in Georgia. Sleeping in a parked car can trigger OUI charges. Warming up the engine can trigger OUI charges. Even sitting in the driver’s seat with the key in the ignition can trigger OUI charges in Massachusetts or Maine.

Penalty Structures. Despite different names, the consequences are comparable. Both OUI and DUI convictions typically result in jail time, substantial fines, license suspension, ignition interlock device requirements, and probation. First-offense penalties in OUI states are broadly similar to first-offense DUI penalties in Georgia.

Court Procedures. Each state runs its own court system with unique procedures. Georgia DUI cases follow state court rules that differ from Massachusetts OUI court procedures. Arraignment timelines, plea options, pretrial motions, and trial formats vary by jurisdiction regardless of what the charge is called.

Which States Use OUI vs. DUI vs. OWI?

The impaired-driving terminology landscape across the U.S. can be confusing. Here is a quick breakdown:

• DUI (Driving Under the Influence): Most states, including Georgia, Florida, California, Texas, Arizona, Colorado, and many others.
• OUI (Operating Under the Influence): Maine and Massachusetts.
• OWI (Operating While Intoxicated): Wisconsin, Iowa, Michigan, and Indiana.
• Other terms: Some states use DWI (Driving While Intoxicated), DUII (Driving Under the Influence of Intoxicants), or OMVI (Operating a Motor Vehicle Impaired).

This matters because if you are charged while traveling out of state, the acronym on your citation will reflect that state’s statute – not Georgia’s. A Georgia resident arrested in Massachusetts will face an OUI charge under Massachusetts law. The defendant must comply with that state’s court procedures. The charge may also trigger consequences back home in Georgia through interstate compact agreements.

How Penalties Compare: OUI vs. DUI

First-offense penalties for impaired driving are serious in both OUI and DUI states. While exact figures vary, the penalty ranges are comparable.

In Georgia, a first DUI conviction may result in the following: up to 12 months in jail, fines ranging from $300 to $1,000, a one-year license suspension, mandatory DUI Risk Reduction School, community service, and up to 12 months of probation. Courts may also require an ignition interlock device.

In Massachusetts, a first OUI conviction typically carries up to 30 months in jail, fines up to $5,000, a one-year license suspension, and mandatory alcohol education programs. Maine’s first OUI offense may result in up to 364 days in jail, fines starting at $500, and a 150-day license suspension.

The bottom line is that neither charge is “lighter” than the other. Penalties depend on the circumstances of your case. These include your BAC level, whether an accident occurred, whether minors were in the vehicle, and your prior record. Second and subsequent offenses carry significantly harsher penalties in every state.

A conviction creates a permanent criminal record. This record can affect employment, housing, insurance rates, and professional licensing.

What to Do If You’re Charged With a DUI in Georgia

If you are arrested for DUI in Georgia, the steps you take immediately after the arrest can affect the outcome of your case.

First, do not discuss the details of your case with police beyond providing your identification. You have the right to remain silent. Anything you say can be used against you in court.

Second, request an attorney right away. An experienced DUI defense lawyer can evaluate the evidence. They can challenge the legality of the traffic stop. They can question BAC testing accuracy. They can scrutinize field sobriety test administration.

Third, understand the 30-day deadline. After a Georgia DUI arrest, you have only 30 days to request an Administrative License Suspension (ALS) hearing. Missing this deadline means your license suspension takes effect automatically.

Finally, document everything you remember about the stop. Write down the time, location, what the officer said, what tests were performed, and any other details while they are fresh.

Even though Georgia uses “DUI” and not “OUI,” the defense strategies are similar across states. Challenging probable cause for the stop, questioning breath or blood test procedures, and contesting field sobriety test validity are common approaches in both DUI and OUI cases.

Talk to an Atlanta DUI Defense Attorney

If you or someone you love is facing an impaired-driving charge, the stakes are serious. A conviction creates a criminal record. It results in license suspension. It raises insurance rates. It creates employment problems.

At William C. Head, PC, attorney Bubba Head has focused exclusively on DUI defense for more than 30 years. Our team handles cases across Georgia’s municipal, state, and superior courts. We understand the science behind BAC testing. We know the rules governing traffic stops. We apply courtroom strategies that protect our clients’ rights.

Do not wait. Contact William C. Head, PC today for a free consultation. Call our Atlanta office or fill out our online contact form. The sooner you speak with a DUI defense attorney, the more options you may have.

Frequently Asked Questions

Is an OUI worse than a DUI?

Neither charge is inherently worse than the other. OUI and DUI are simply different terms that states use for the same basic offense – driving or operating a vehicle while impaired. The severity of penalties depends on the state’s sentencing guidelines, your BAC level, whether an accident occurred, and your prior record. Both convictions carry serious consequences including jail time, fines, and license suspension.

Does an out-of-state OUI count as a DUI in Georgia?

An OUI conviction from another state may appear on your Georgia driving record. Georgia participates in the Interstate Driver License Compact, which allows states to share conviction information. An OUI conviction in Massachusetts or Maine may be treated as a prior offense if you are later charged with DUI in Georgia. You should consult with a Georgia DUI attorney to understand how an out-of-state conviction might affect your record.

Why do some states use OUI instead of DUI?

States choose their own terminology based on legislative history and legal tradition. States that use OUI typically define the offense more broadly. They focus on “operating” rather than “driving.” This broader language allows prosecutors to charge individuals who are in physical control of a vehicle even when it is not moving. The choice of acronym reflects each state’s approach to defining impaired-driving conduct.

Can you be charged with OUI if you weren’t driving?

Yes, in states that use OUI. Courts in Maine and Massachusetts have held that a person can be charged with OUI while sitting in a parked vehicle with the keys in the ignition. The standard is whether the person had the ability and intent to put the vehicle in motion. This is one of the most significant legal distinctions between OUI and DUI statutes.

What’s DUI? This article explains “what is a DUI?” In addition, the authors explain the role of DUI defense attorneys when they undertake to defend those accused of operating a vehicle while under the influence of alcohol, drugs, noxious vapors, marijuana, or any other impairing substance of any type.

Those charged with intoxicated driving or impaired driving are sometimes encountered late at night, and then pass through DUI checkpoints or driver’s license checks that have been set up by local police or the Georgia State Patrol. These sobriety checkpoints, however, represent fewer than 2% of all DUI charges prosecutes in criminal courts annually in the State of Georgia.

7 Common Georgia DUI Law Questions Asked By Clients

By answering 7 common questions on “what is DUI,” and about impaired driving laws in GA, our DUI attorneys hope to alert those accused drivers of the many pitfalls that await them, if convicted of operating while impaired. In locating a DUI lawyer near me, if you are indigent, your criminal court judge will have to approve legal counsel being appointed for your criminal case.

1. How long does DUI stay on your record after conviction, before a DUI offense in Georgia be expunged at some time in the future? Forever, unfortunately. Georgia laws prohibit expunction (record restriction) including the criminal record of any DUI being reduced to reckless driving in Georgia. Plus, federal record keepers at the NCIC in Clarksburg WV never remove any OWI-DUI convictions, regardless of what state laws provide.
2. My plastic license was taken from me when I was arrested. How do I get my plastic driver’s license back? This is a highly important issue, because the officer is supposed to replace your plastic with a temporary “limited driving permit.”

As the document states, this permit expires very soon, and eligible drivers need to either opt for a 12-month ignition interlock device limited driving permit under OCGA 40-5-64.1 or file an appeal to the pending, administrative license suspension under Georgia’s implied consent laws. The three lawyers for DUI near me at our law office offer free lawyer consultations to make certain that this vital aspect of every DUI arrest in Georgia is properly handled.

1. Is jail time required for a first offense DUI? The statute, O.C.G.A. 40-6-391, calls for between 10 days to 12 months, but in a 1st DUI within a 10 year period, based on dates of arrest, a driver who does not have a BAC test of her or his alcohol level in excess of 0.08 grams percent can have legal counsel to request that the judge probate all jail time beyond whatever time the defendant served after being arrested for being alleged driving impaired.
2. As between DWI vs DUI, which is worse? These are the same crimes, but each state enacts its motor vehicle crimes, and “names” the offense as that state sees fit. In the USA, over a dozen different acronyms are abbreviations pointing to the same crime of being under the influence (DUI) and being a high-risk driver, in terms of traffic safety issues.

1. How does DUI affect car insurance rates? Following notice of a conviction for drunken driving, many insurers drop the person, unless state laws do not allow the company to do that. When the next policy renewal goes into effect, most insurance DUI premiums will double, triple or more.

Plus, the car insurance quote for a high-risk driver policy usually is only offered with lower liability rates and will not offer an umbrella policy. These drivers with a DUI will find that for three years or more, their rates will be substantially higher.

1. What happens if I am convicted of a felony DUI in Georgia? Jail time is mandatory. All punishments are much more punitive in terms of the minimum number of community service hours (480), fines and surcharges and loss of all driving privileges after a total driver license revocation for five (5) years.
2. Are DUI checkpoints near me legal? Possibly not, but this can only be determined by examining all of the police agency’s paperwork showing that the commanding officers in their office were not allowing bias or discrimination against any group by having all roadblock locations selected at a “programmatic level” and not by the officer patrolling the streets.

Can You Get a C.D.L. With a DUI On Your Driving Record?

With only 1 prior DUI conviction, possibly after a full one year after conviction. With two DUIs, the waiting period will be 10 years after the last conviction date. Then, a bigger question is which companies will hire you?

The acronym “CDL” represents the phrase “commercial driver’s license.” Since 1992, the United States (for interstate commerce vehicles) has regulated the issuance of a special “overlay” of a regular state-issued operator’s license through the Federal Motor Carrier Safety Administration (part of the federal D.O.T.)

The requirements for approving interstate drivers vary, depending upon whether the commercial license holder gets approved for transporting hazardous materials or explosive cargo. Multiple levels of basic and advanced training for different types of commercial license “overlays” are part of training in all states. Roughly 4 million commercial vehicle licenses exist in the United States in 2023.

Comparing Attorneys for DUI Near Me for My Criminal Defense

Our criminal defense law firm practices across the State of Georgia. In addition, by attending and occasionally speaking at national DUI-DWI seminars, our collective courtroom experience has brought our lawyers for DUI defense in contact with hundreds of skilled DUI defense attorneys across America.

Don’t simply select your criminal attorney from a flashy web site. Look at the proven credentials and verifiable attorney reviews prior to selecting a DWI-DUI attorney to fight your DUI charges.

Call today at 404-567-5515, for help on a GA DUI case. If accused in any other State, please call our DUI defense lawyers for a name, and her or his contact information. You call is FREE and our criminal law attorneys’ initial legal advice is FREE. Plus, if done within a few days after your arrest, this call may alert you to important deadlines for protecting your right to drive, that you may have overlooked.

The types of cases range from the simplest (e.g., a first-time DUI offender stopped at DUI checkpoint with no bad driving observed, and the DUI suspect knew to not talk and to not try to perform any field sobriety tests) to the toughest (i.e., a repeat DUI offender who caused a highway crash that resulted in felony offense vehicular homicide charges).

Since about half of all DUI arrests in the Peach State occur within counties located within a 50-mile radius of the Capitol Dome, 50% of those facing Georgia DUI arrests focus on hiring a DUI-DWI attorney who serves Atlanta, and the surrounding areas. As will be learned below, the range of lawyer fee widely vary, depending on skill level, success rates and the “track record” for case reductions or dismissals by that criminal defense attorney.

Due to our United States Constitution (in the Sixth Amendment) guaranteeing legal aid representation to all people charged with crimes, those without funds for legal representation may be defended by pro bono lawyers near me in Atlanta. Until your first court date (which is called the “Arraignment”), it may not be possible to learn if your criminal court judge will assign a free lawyer near me.

If I Need a Best DUI Attorney Near Me, What Will That Cost?

DUI attorney cost varies widely. Two simple maxims almost always hold true:

(a) If a low fee is quoted by a Georgia attorney, then (statistically) a higher percentage of the clients retaining these lawyers for their cases end up with DUI convictions.

(b) The second maxim is that if a high fee is quoted by a law firm with top legal industry credentials, that private attorney near me will be fighting your case on every obscure legal theory, and every hidden legal error or flaw in the arrest, booking and ticket-writing process. These lawyers are “in it for the long haul,” for as long as it takes to get a victory. This aggressive defense approach will include helping you to find the best solution for the administrative license suspension issues (at the start of your DUI GA case) to filing a stack of pre-trial motions seeking to exclude much of the State’s evidence, before trial starts.

In the final analysis, logic tells you that if the high-priced legal professional was not obtaining “great” outcomes, he or she would not be able to stay in business by charging more than the cheap DUI lawyers. As a rule, the prices charged by a top-rated DUI lawyer will vary somewhat depending on these factors:

1. Experience level of the DUI defense lawyer that you are interviewing, and this qualification means FOR FIGHTING By reading the online attorney ratings from prior clients, plus reading any posted case histories (in highly difficult cases), you can get an idea about those DWI attorneys near me who fight relentlessly (and get great results), even for seemingly impossible DUI cases.
2. The identity of your Court, and its location (in proximity of the law firm’s office) and that local court’s prior history (and the “difficulty” level) of your court and its judges. With over 1000 different courts processing DUI cases, you may rest assured that many pro-prosecution courts are not “easy” to work with. Others will be both reasonable and predictable about how their prosecutors and judges will “handle” certain cases. The best DUI lawyers near me KNOW these courts because they have had vast trial and litigation experience in all Georgia courts.
3. When a distant court must be traveled to and from several times, those ours and costs of getting back and forth will be an added expense. However, if you goal is to NOT have a DUI on your record, you want the legal warrior who will not turn tail and run, when the going gets tough.

Like surgeons, you want to find and hire the best lawyers for DUI near me, since a botched surgery is the last thing that a person wants to experience. Plus, in the Internet era, the “victims” of botched surgeries will quickly spread the word about their bad outcomes.

What Is the Cost of a DUI, If I Hire a DUI Defense Attorney Near Me?

Luckily, over 80% of all DUI arrests each year are for those facing a 1st DUI charge. The accused citizen has no idea if it will be a flat rate fee to hire a lawyer in Atlanta, or if lawyers charge by the hour. So, what are the attorneys’ fees for top drunk driving lawyers?

In addition, most people have an immediate fear and aversion to possibly serving jail time. Secondly, many criminal defendants have a fear about to undergoing a jury trial, even if she or he is indigent and qualifies for free legal representation. Even in the indigent case, these defendants will have fines, court fees and DUI school to pay for, out of their own pockets.

Before you get an answer to the question “How much does a lawyer cost?” and opt to not fight your DUI in Georgia, spend some time learning more about the DUI penalties and long-term consequences of a DUI conviction. Plus, since you are NOT a drunk driving defense lawyer, you cannot judge how good or how bad your DUI GA case may be.

Legal services for defending a driving under the influence case vary greatly, especially when you compare what the top-rated DUI law firms do to fight cases, compared to what the low-cost lawyers will undertake on your behalf. One north Fulton County municipal court prosecutor told our senior partner that only 1 in 10 DUI attorneys who came to her court representing their clients had even procured the DUI arrest video before pleading their clients guilty.

Cost of an Attorney vs Cost of Being Convicted. The many, painful DUI penalties and long-term consequences of a DUI conviction will haunt you for decades, if not the remainder of your life.

When a valuable job is lost, this loss of future income can easily exceed a million dollars or more. It can be far more expensive to NOT fight a DUI case and try to deal with impediments and limitations on your future business and family plans, than the relatively minor DUI lawyer cost needed to hire the best DUI lawyer in Georgia.

How much does a DUI cost over ten years? This calculation of the “DUI price” cannot merely look at the out-of-pocket costs for the guilty plea to a GA DUI. For example, if you can no longer rent a car from AVIS or Hertz, or travel to places like Canada, what is that “cost?”

Boosted car insurance rates will follow for at least three years. If you buy life insurance, your premiums will usually be higher, due to you showing higher risk behavior. Even loan rates can be non-preferred at banks, of your credit report picks up that conviction.

The Difference Between a General Practitioner and a Specialist in DUI Defense

In addition to being local attorneys near me with payment plans, all three partners at our DUI law firm in Atlanta GA are legal book co-authors. William Head has over 12 DUI books to his credit, as the author or co-author. Larry Kohn and Cory Yager each have two DUI law book co-authorship credentials, so far.

Mr. Head’s first book (written in 1991), 101 Ways to AVOID a Drunk Driving Conviction is still the top-selling book on how to beat a DUI conviction.

Ask Our DUI Lawyers About Our DUI Attorney Payment Plan

For most clients, DUI defense attorney fees at our DUI law firm can be paid in monthly increments since our criminal cases typically last for many months or even for years. The Pandemic that started in 2020 has stretched cases out for longer than usual.

When taking with one of our criminal lawyers, ask about our DUI attorney payment plans. Our legal team answer calls 24 hours a day and 7 days a week, including holidays and weekends. Our affordable DUI lawyers near me know that citizens facing the embarrassment and humiliation of a DUI arrest in Georgia need to speak with knowledgeable legal counsel as soon as possible.

Call TODAY and speak to a law partner, and receive your FREE PDF copy of Mr. Head’s 430-page drunk driving book for clients. Expect to receive a FREE case assessment, and a FREE lawyer consultation from one of our award-winning DUI attorneys. 404-567-5515. We always respect your privacy.

Other helpful links that may be of some help to you:

Steps to try to qualify for a free attorney near me

For NC DWI arrests, how to locate top DWI lawyers near me in the Tar Heel State

For OWI lawyers near me in Michigan, Wisconsin, Iowa, or Indiana

OUI attorneys in Maine, Massachusetts and Rhode Island

Affordable attorneys near me for DUI-DWI defense in other states

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.

Attorney Bubba Head is one of the best criminal defense lawyers for Atlanta Municipal Court cases. Mr. Head and his expert team of criminal lawyers near me protect your constitutional rights in whatever case you face. Our passionate attorneys have the experience and skills required to understand the complexity of your criminal offense case. We have a proven track record of handling any type of driving offense, including DUI (driving under the influence), reckless driving, super speeding, and many more.

If you are accused of drunk driving, you need a solid legal defense team to save your future from the hassle of a lifelong conviction. In Georgia, drunk driving can lead to severe penalties including jail time and no more driving for a long time. Contact our criminal defense lawyers for Atlanta Municipal Court cases. They will help you obtain the best outcome in this stressful time. Work with us to get a restricted license so you can still get to work or school.

DUI Attorneys Near Me in Atlanta, GA

A DUI can be a felony or misdemeanor criminal charge that can subject you to severe penalties like suspension of your driver’s license for up to six years, loss of the right to register your motor vehicle, and a mandatory fine of $1100 or more. If you were arrested for drunk driving or drugged driving, you need to discuss your legal issue with Bubba Head, Cory Yager, or Larry Kohn immediately. We offer free initial consultations. Our Atlanta DUI attorneys have decades of experience in this field and are passionate about handling any sort of criminal defense matter.

DWI Vs. DUI: What Does DUI Stand for in the State of Georgia?

There is a minor difference between DUI and DWI, as DUI refers to driving under the influence while DWI stands for driving while impaired. In a DUI, drivers are charged with driving impaired because of alcohol or drug usage, or both. In a DWI, a conviction is achieved when the State proves the driver was too impaired or intoxicated to drive.

Call our DUI law firm near me in Sandy Springs, Atlanta, Alpharetta, or Marietta at (404) 567-5515 to speak directly with Bubba, Cory, or Larry. Set up a free initial consultation either in-person or virtual. Let them know all the details of your arrest: what the law enforcement officer did and said, what you said, which breath tests you took, and which field sobriety tests you agreed to take.

This blog posting is intended to answer many common questions about legal representation in a driving under the influence case in Georgia. By addressing these 13 Common DUI Law Issues, concerns and problems, most readers can better understand the hierarchy of criminal law attorneys who hold themselves out as DUI experts.

Because DUI-DWI is a nationwide legal subspecialty of criminal law, great competition, and demand for the professional legal services from top attorneys is very high. In all states, an impaired driving conviction can be harmful to that person’s future. But (unlike over one-third of states) in the Peach State any conviction remains for LIFE, even a lifetime first offense DUI. The criminal record can never “age off,” or be expunged.

This article by our law firm’s DUI practice leader, William Carl Head, covers some of the 97 Consequences of a DUI-DWI-OWI conviction. This nationally famous laundry list of financial, workplace, travel, driver’s license, car insurance and other inconveniences and lifetime implications can explain the value of NOT being convicted of drunken driving or drugged driving (e.g., usually avoiding jail time).

13 Common DUI Law Issues: Georgia DUI Lawyer Information

1 Who is Bubba Head? The Columbus, GA native has been an Atlanta DUI lawyer since 1990. Before that, he practiced in Athens, GA, where he attended and graduated from the University of Georgia undergraduate (BA ’73) and law school (JD ’76). After seeing the radical changes made to DUI enforcement in the 1980s under Presidents Ronald Reagan and George H. W. Bush, the criminal defense attorney began specializing in DUI defense, from 1991 and thereafter.

2 Why was I arrested on a traffic violation for DUI in Georgia? Drunken driving is one of the State’s serious driving offenses. Others include hit and run GA, attempting to elude a police officer, reckless driving and passing a stopped school bus discharging its passengers. All of these serious motor vehicle offenses require an arrest and booking.

3 How do I identify the Best DUI lawyers Near Me? Top lawyer ratings for DUI lawyers come from a combination of accolades and practice area accomplishments and achievements. Like any professional practice or business, book authorship is a universal benchmark, especially if that book is the recognized practice leader for guidebooks or use by other practitioners. Other attorney ratings services that have consensus acceptance as top “industry directories,” are also valuable.

4 What training and credentials should top drunk driving lawyers near me have? Because training courses have been offered to DUI defense lawyers since 1994, all top DUI practitioners should have these minimum training certificates:

Standardized Field Sobriety Test (SFSTs) Practitioner Course (20 to 24 hours). All students must take both a proficiency exam as well as pass the written test of questions to determine if the DWI SFST Manual was read and understood.

A multi-day training program for the State’s forensic DUI breath test device, which is the Intoxilyzer 9000 in Georgia.

A blood and urine laboratory testing multi-day course, with a proficiency exam at the end.

The top legal practitioners have more advanced training in the field sobriety tests and are INSTRUCTORS of the SFSTs. Plus, they have taken multiple urine and blood testing forensics training programs. Many of these advanced-level lawyers for DUI near me are also seminar speakers for other acolyte intoxicated driving lawyers.

5 Which lawyer ratings services indicate the top-rated DUI lawyers near me? Martindale-Hubbell “av” and preeminent (for at least 5 years), Super Lawyers (for at least 5 years), Best Lawyers in America (multiple years, but not fewer than 3). In addition, fewer than 50 DUI lawyers (nationwide) are Board-Certified in DUI Defense by the National College for DUI Defense, which is a voluntary written and verbal test of knowledge and skills for drunk driving defense.

6 If I am licensed in another state, will DWI attorneys near me know who William Head, Attorney in Georgia is? Yes, they should, even though Mr. Head has not been on the national speaker’s “circuit” for the last several years, most recently due to COVID concerns. Some may know him better as “Bubba Head, Attorney,” since that memorable nickname has helped make him famous.

7 If I am facing a vehicular homicide GA or SIBV (serious injury by vehicle) due to driving intoxicated that depends upon the State of Georgia proving the drunk driving conviction, which defense attorney is the best attorney near me for that kind of felony case? To make a medical analogy, these high-stakes cases are like a cancer surgeon dealing with Stage 3 and Stage 4 cancer patients.

Few law firms have handled over 100 of these difficult criminal law fatality and grievous bodily injury cases, as our legal office has. Managing these emotional cases can be very high stress since the maximum state prison time is up to 15 years per injury or death.

8 If I want to hire the best DUI lawyer in Georgia, will this be a DUI defense lawyer near me in Atlanta Georgia? The metro Atlanta area, and specifically Fulton County (3) and Dekalb County (1) have the only four (4) Board-Certified driving while intoxicated practitioners. However, many other excellent DUI law practice attorneys are scattered around the State.

9 What recognized DUI legal organizations have identified the best DUI-DWI lawyers near me? Only one time has the National College for DUI Defense called for a national vote of its members on their opinions about who was the best DUI attorney in America. That was in the year 2003.

The Dean of the NCDD that year was famed Texas DWI lawyer Gary Trichter. At that time, the non-profit group had 800 driving while impaired members from across the 50 states. William Head was named the nation’s best DUI attorney.

10 If my case is not docketed in an Atlanta area traffic court, who is the best Georgia DUI attorney at a local law firm in my court jurisdiction? Our law partners will travel to remote places in all corners of Georgia.

Usually, however, our legal professionals will “team up” with a local attorney who can help cover routine appearance issues and provide local insight about the “players” in the local criminal justice system (such as the best risk reduction school to attend). In addition, if a caller to our law firm needs a referral, our staff can direct callers to a local DUI lawyer in their court location.

11 Since I was asked for a blood alcohol test, and the results were over the legal limit of 0.08 grams percent, should I bother hiring a DUI defense attorney near me? Positively, you should. Georgia’s case law (from appeals to the Georgia Court of Appeals and Georgia Supreme Court) are among the nation’s best DUI appeal “rulings.” Dozens of legal attacks based upon Georgia implied consent law and compliance with strict rules pertaining to forensic testing can cause the blood test to be excluded.

12 What bearing does it have on my DUI case that the attorney I hire be a published law book author on a treatise or articles about DUI law? Like assessing a professional athlete, multiple criteria are factored in for judging “Hall of Fame” eligibility, such as being named All-Pro for several years.

If professional football is the sport, winning the Super Bowl is sort of a “shoe-in” credential, especially if it was while starting in a skill position, like quarterback or wide receiver. Insofar as DUI attorneys, law book authorship of the leading state DUI law treatise is the rarest credential and is a difference-maker in notoriety and perception by lawyers in different practice areas.

Next in rarity is Board Certification. Of the 4 Board-Certified Georgia DUI lawyers, only Mr. Head is a published book author among the board-certified DUI defense attorneys.

Fewer than 15 of the Board-Certified DUI-DWI legal professionals in America that are published book authors of their state DWI-OUI-DUI-OWI legal treatise. Mr. Head’s first book, 101 Ways to Avoid a Drunk Driving Conviction, was co-authored with the late Reese I. Joye, Jr., who passed away in 2008. This is one of the best-known NATIONAL DUI books, despite being written in 1991.

Since that first book, Bubba Head, DUI attorney Georgia, has written or co-authored more than a dozen more hardcover legal books. Starting in 1995, he wrote and self-published The Georgia DUI Trial Practice Manual. Thomson-Reuters, the world’s largest legal book publisher, has publishing rights to this popular law book.

Later, he added a co-author, Frank T. Gomez, a former prosecutor that Mr. Head hired as an associate DUI attorney. Sadly, Mr. Gomez tragically passed away in December of 2021.

For the 2023 edition and thereafter, the author of this article (Cory Yager) and law partner Larry Kohn will be added as the co-authors of this #1 selling GA DUI book, which is over 1500 pages in length. Of course, Mr. Head will be the lead co-author.

13 Does the law school at which my attorney graduated have a bearing on the qualifications of the best lawyers near me? Not necessarily. William C. Head, DUI attorney Atlanta is proud to have graduated with both degrees from UGA in Athens. It was the only college and law school for which he made application to attend.

Partner Larry Kohn attended Emory University for his undergrad degree, before attending Georgia State Law School, graduating magna cum laude. In 2016, both Mr. Kohn and this article’s author became co-authors of books for Aspatore Publishing, a division of the world’s largest publisher, Thomson-Reuters.

The author of this article grew up on a farm in the northern part of New York and obtained his undergraduate degree from SUNY-Oneonta (State University New York – Oneonta). Later, while a full-time police officer making criminal law arrests, he attended and graduated from Atlanta’s John Marshall Law School, as the second honor graduate.

The author of this article grew up on a farm in the northern part of New York and obtained his undergraduate degree from SUNY-Oneonta (State University New York – Oneonta). Later, while a full-time police officer making criminal law arrests, he attended and graduated from Atlanta’s John Marshall Law School, as the second honor graduate.

Since you now know that you will not find better credentials for any law firm near me for DUI lawyer GA representation, what are you waiting for? Also ask for a FREE PDF copy of The DUI Book, which Mr. Head authored for clients facing DUI charges.

WARNING: You have only 30 days after your arrest date to ACT and PROTECT your driving privileges. Missing this deadline can cause a 1-year TOTAL driver license suspension.

Call today for a FREE lawyer consultation and learn about our payment plans. The phone will be answered if you call 404-567-5515 to our 24-hour number.

This blog page by Georgia DUI lawyers Cory Yager, Larry Kohn, and William Head. This information is posted to provide those charged with a DUI in Georgia with an immediate overview of laws relating to criminal punishments, like jail time, as well as knowing the impact from driver’s license suspension at the Georgia Department of Driver Services.

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 every DUI case will 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.

What happens with 2nd DUI in Georgia? This article about 2nd offense DUI outlines details on why (if convicted) Georgia’s 2nd DUI in 10 years is a job-threatening event.

Finding experienced criminal defense attorneys to defend your DUI charges, second offense is imperative. You do not want legal advice from someone who has a nearby law office who has never successfully fought a second offense DUI.

Can you avoid jail time after second DUI? If convicted, no. If the DUI charge is reduced or the DUI is dismissed or you are acquitted of the charge, then yes, jail time can be avoided. Plus, any second DUI after 10 years will be treated (in the Peach State) as a 1st DUI offense, due to the “washout” period of 10 years being exceeded. Not all states still honor this type of “lookback” limitation.

Also, on a second DUI within 10 years, you only have 30 days after arrest to file an administrative license suspension appeal and pay the $150 filing fee. This must be delivered to the Georgia Department of Driver Services.

As opposed to the first offense DUI option to pay to install a 12-month ignition interlock device (IID), that is not an option on a second DUI within 5 years of the first DUI. The IID option would be possible, however, if the prior date of arrest on the 1st DUI conviction was beyond 5 years before the current arrest date.

1. What happens if you get a 2nd DUI? Having convictions for 2 DUIs in 5 years on your driving record results in total suspension of all driving privileges for 2nd DUI offense in GA. No limited permit is available for the first 120 days, at a minimum, if convicted for the second time within 5 years, based on dates of arrest. Plus, only drivers with an age 21 and over license are eligible, so those with a class D license (instructional permit) cannot qualify, nor can the driver not yet 21 when the plea or conviction is entered.
2. Upon any second DUI conviction, all Georgia license plates on every motor vehicle in the convicted driver’s name must be turned into the court at the time of the plea or DUI conviction at trial. These cannot be returned, except in accordance with Georgia law. Procedure exists for one family member to apply for a special limited tag to drive one vehicle is available through the Georgia Department of Revenue. [NOTE: The image of the unknown person below was found in Google images and is not a previous client of our law firm.]
3. Life after a 2nd DUI Conviction. Publishing your mugshot and DUI case disposition in the local newspaper, for any DUI second offense Georgia within ten years. See example below (Image below is from Google images search and is not one of our clients).
4. When can I get my license back after a 2nd DUI? A 2nd DUI in 5 years Georgia conviction results in a restricted ability to transport your own children in your vehicle, for 18 months or longer, including the total prohibition of driving for ANY purpose in the first 120 days. After completing the risk reduction program (DUI school) and the other requirements for repeat DUI offenders the Georgia Department of Driver Safety will record your DDS suspended license, as a repeat offender. Then, after, only then when an interlock device is installed and for the limited purposes in DDS GA regulations. Plus, this only becomes available to those who qualify for early reinstatement.
5. Mandatory installation of a 12-month interlock device to obtain early reinstatement or a restricted license. This is available to Georgia licensees age 21 and older after 2nd violation of Georgia DUI law, following the above-stated 120-day, total suspension of all driving privileges.
6. On the criminal court conviction, the 2nd DUI license suspension GA goes from a 12-month suspension (for a DUI 1st offense) to a three-year suspension on the 2nd DUI within five years.
7. Inability to rent cars while on 2nd DUI in GA, because you cannot drive a non-interlock car. Nor do any of the of the rental car companies willing to lease out their vehicles to those on a restricted license.
8. Performing no fewer than 240 hours of community service hours, which is 6 times more than for a 1st DUI offender in Georgia.
9. Possible participation in a DUI Court program that costs about $3500 to $4000 over 24 months, and takes up not less than 4 hours of court time every week, for up to 24 months, plus attending AA (or similar) alcohol and drug awareness meetings dail
10. Mandatory jail time for 2nd DUI. Your refusal to participate in the DUI Court program (in some GA counties) means far more than the minimum, mandatory 72 hours in jail. You will be offered 60, 90 or 120 days in jail, for 2nd DUI in GA, and 120 days (or more) for 3rd DUI, with additional punishment for high and aggravated monetary fines and jail time that cannot qualify for 2-for-1 good-time jail credit.
11. DUI car insurance cancellation or requirement to move to SR-22, assigned risk pool at exorbitant rates (up to 5 times preferred rate premiums). For clients with substantial assets, the DUI insurance options after conviction will restrict the ability to purchase for higher liability limits of coverage that are normally available.
12. Ineligible to apply for early reinstatement or ignition interlock device options, for second DUI in GA, for person licensed by another state, when arrested in Georgia for a Georgia DUI. For those licensed in Georgia, a high reinstatement fee coupled with an obligation to install an ignition interlock for 12 months.
13. Undergoing a clinical evaluation for substance abuse, and then completing a lengthy, expensive alcohol and drug therapy and treeligible to be reinstated to drive again in Georgia.
14. Future job availability, creditworthiness, eligibility to buy preferred life insurance jumbo policies, travel outside the USA to places like Canada, and denial of the ability to rent cars from most major car rental companies are a small scattering of the draconian punishments that await the person convicted of a 2nd DUI in GA within a five-year period.
15. CMV drivers (commercial motor vehicle) with two DUIs lose their CDL overlay for their lifetime by getting a second DUI and can no longer drive big rig trucks or passenger transports for a living.

What Is the Penalty for Second DUI in Georgia?

For a second conviction of DUI what is the penalty? The GA DUI penalty chart below helps summarize all the DUI consequences and criminal law DUI penalties for a DUI second

Lawyers Near Me for DUI: Repeat Offense Cases Need Top-Rated DUI Lawyers

To try and avoid a 2nd DUI conviction in Georgia, your starting point is hiring one of a DUI lawyer near me, who is among the best DUI attorneys in Atlanta, Georgia. These top lawyers will offer you a FREE lawyer consultation near me, explain how their criminal defense attorneys review your DUI case facts, and implement a game plan for winning.

Talk to ex-cop turned DUI defense attorney Cory Yager, AVVO superstar Larry Kohn and best DUI in Georgia attorney William C. Head, now in his 46th year of DUI defense. Our law firm has a location nearby, and can meet with you virtually, or in person, using social distancing protocols.

Our FREE consultation will cover the 2nd DUI lawyer cost and a payment plan to fit your budget. For those with 3 DUIs in 5 years, read the information at this link.

Call today to learn more about the legal services of our DUI defense lawyers. You can contact our award-winning Atlanta DUI attorneys near me NOW, 24-7, for a FREE initial criminal case review with our criminal justice lawyers. Obtain your FREE lawyer consultation by dialing 404-567-5515.

Other valuable insights on this website:

• Sandy Springs Municipal Court
• Roswell Municipal Court
• Atlanta Municipal Court
• Marietta Municipal Court
• Alpharetta Municipal Court
• Athens Municipal Court (Athens-Clarke County Municipal Court)

Drunk driving laws in the US vary from state to state. There are many terms or acronyms used for drunk driving, and every state defines these acronyms differently.

Every year, drunk driving costs the lives of thousands of people, and stricter laws are being implemented to prevent these deaths. Georgia is one of the states with harsh DUI laws and the government includes all kinds of measures to help curb these accidents.

If charged with DUI in Georgia, you may have to hire a criminal attorney.

Driving or Operating – Can You Get a DUI If Your Car is Turned Off?

There are usually 2 standards that states follow: Driving and Operating. DUI, DWI and other driving charges require the person to be driving to be prosecuted, while in operating charges, the person can be charged even if they’re not driving. If the key is in the ignition, whether the vehicle is pulled over or the driver isn’t even in the vehicle, he or she can be charged with an OUI. Georgia follows the “Driving” standard.

What’s the Difference Between DUI “Less Safe” and DUI “Per Se”?

In Georgia, there are two ways to violate the law: DUI less safe and DUI “per se”.

While a person can be charged with Impairment DUI based on if the arresting officer is convinced that the driver is impaired enough to be a less safe driver, a DUI “per se” is charged after the chemical test shows the driver’s blood alcohol content (BAC0 to be 0.08% or over.

Implied Consent Warning

A driver’s license in the US is not a constitutional right. It is a privilege given by the state of residence, and that state reserve the rights to revoke this privilege if it deems you to be not responsible enough, which is determined by their chemical tests.

When the driving license is issued, you automatically give your implied consent to be checked for impairment by an officer whenever and wherever they deem necessary while you’re driving. If you refuse, your license can be immediately suspended.

Administrative License Suspension

In any DUI case in Georgia, the Georgia Department of Driver Services (DDS) takes care of the license suspension. It can and does so without any criminal court hearing and conviction. It is called an administrative license suspension.

Penalties for Impaired Driving in GA

These penalties are handed down by the court and a convicted driver faces multiple penalties, the severity of which depends on the degree of the damage caused, behavior of the convicted, whether it’s a repeat offence or not, and other such factors.

• Fines: The fines imposed depend on the repetition of the offense. A first or second time offender faces a $1000 fine while a third and fourth time offender can get fined up to $5000.
• Jail Time: Jail time is also dependent upon whether the offense is first time or a repetition. A first timer can be sentenced about 12 months in county jail. A repeat offender can be sentenced up to 5 years depending on the number of repeats.
• Community Service: 40 hours of Community service is penalty sentenced to offenders, mandatory for all, repeat DUI offender or not.
• Education Course: Repeat offenders are sentenced with a mandatory attendance at a 20-hour alcohol education program in any of the approved DUI schools meant to prevent drunk driving. A certificate from these schools is necessary to reinstate your license.
• Assessment and Treatment: Repeat offenders are required to get clinically evaluated for their alcohol or drug dependency, and if the evaluator decides the offender needs treatment or counselling, the offender has to mandatorily get the treatment recommended.

According to the latest laws, DUI offenders can get an ignition interlock device installed on their vehicle to get a limited driving license. However, it is only permitted for repeat offenders. Keep in mind, repeat offenders can get their vehicle confiscated as well. A 4-time offender faces felony charges in Georgia.

DUI Drugs

In case of involvement of drugs in DUI charges, the offender can face a 180-day license suspension in addition to a criminal sentence in court. Both early reinstatement of your license and limited driving are not allowed fr DUI drugs convicts.

Underage Drinking – Minor in Possession (MIP)

Georgia DDS follows a zero-tolerance policy for underage drunk driving cases. A BAC of 0.02% in such cases can lead to suspension of license for 6 months. In the case of a BAC level 0.08% or more, the offender shall be prosecuted under a criminal case like an adult.

Good legal representation and guidance can help bring a positive outcome in court. Bubba Head and his law partners provides you with just that. At William C. Head PC, we provide you with the best lawyers to help you through your DUI case. Our Atlanta attorneys are well-versed in Georgia DUI laws they will ensure a due process, and they will provide the best outcome possible for your case.

If you are facing a DUI charge, contact us today at (404) 567-5515 24 hours a day.

Get a free review of your DUI case here.