Those blue and blue lights coming toward you in your rearview mirror on Peachtree Road or the Connector are enough to make your heart stop. You may even still smell the police precinct on your clothes or feel the cool metal of the handcuffs as you sit at your kitchen table wondering how you’ll get to work tomorrow. A DUI arrest jeopardizes more than your legal freedom – it threatens your family’s livelihood and your reputation. At Conoscienti & Ledbetter, our Atlanta DUI lawyers know people of integrity make mistakes and that aggressive cops sometimes take advantage of citizens. We offer the vigorous, resource-intensive defense necessary to fight the State’s evidence and keep you from facing the lifetime consequences of a criminal conviction.

Georgia divides DUI charges into two categories, Per Se and Less Safe, where a Per Se charge requires proof of a blood alcohol concentration (BAC) of .08 percent or higher, while Less Safe gives the prosecutor leeway to argue you were less safe to drive than a sober person regardless of your BAC. The difference is crucial to understand because you can still be convicted for a Less Safe DUI if your BAC registered below .08 percent. Imagine that. Let’s say you soberly declined to take a breath test and the officer begrudgingly wrote you a citation for improper lane usage. You can still be charged with a DUI Less Safe if the officer believes you were weaving through traffic.

What Kind of Evidence is There for DUI Less Safe?

The arresting officer’s testimony will be the bulk of the State’s evidence for a DUI Less Safe charge, including descriptions of your driving as erratic, your speech as slurred, and your eyes as bloodshot. Additionally, the officer will mention any clues used to identify impairment during the Standardized Field Sobriety Tests (SFST). Prosecutors will use whatever evidence they can to show you were a danger to others on the road. This includes:

• Dashcam and video footage of the officer interacting with you.
• Testimony that your breath smelled like an alcoholic beverage.
• Your performance on the Walk and Turn or One Leg Stand SFST.
• Anything else you said to the officer, like “I had two beers.”

Underage DUI Charges in Atlanta, GA

Yes, Georgia has a Zero Tolerance policy for drunk drivers under the age of 21, meaning if your BAC is .02 percent or higher, you can be arrested and your license immediately suspended for DUI. Underage DUI drivers in Atlanta should know that even one beer can put you at risk of a DUI conviction and criminal record. The statute that covers DUI charges for all age groups in Georgia is O.C.G.A. § 40-6-391.

DUI convictions in Georgia stay on your criminal history and driver’s record permanently, resulting in jail time, fines, license suspension, probation, and community service. Georgia takes DUI charges serious and will penalize you with mandatory minimum jail time if you refuse to cooperate. The DUI is going to show up on every job application you fill out for the rest of your life.

First Offense DUI Penalties in Atlanta

There are mandatory minimum penalties for first-time DUI conviction offenders in Atlanta, including a judge imposing at least 24 hours in jail, a $300 fine, 40 hours of community service and 12 months of probation. Short jail sentences aren’t much of a threat, but did you know the real jail is during the 12 months of probation? You have to check in with a probation supervisor, pay monthly fees, and cannot drink alcohol.

Georgia’s DUI 10-Year Look Back Period Explained

Georgia considers a DUI first, second or third offense for sentencing purposes within a ten-year look back period, but your DUI will stay on your Georgia record forever. So if you were arrested for DUI 9 years ago in Florida and now living in Georgia, Georgia will treat your new arrest as a second DUI in 10. Second offense penalties include mandatory jail time of 72 hours minimum and your fine will increase. An ignition interlock device is required.

Felony DUI in Georgia

Under certain circumstances, a DUI charge can be prosecuted as a felony in Georgia, such as being arrested for DUI four times in a decade or a DUI resulting in serious injury or death to another person. Felony DUI can land you in prison for up to 15 years. As DUI lawyers in Atlanta, these are our biggest cases. We usually involve expert witnesses and accident reconstructionists.

Experienced Atlanta DUI lawyers can defend your case by attacking the legality of the traffic stop, disproving your Intoxilyzer 9000 breath test results, or highlighting improper police procedure during field sobriety testing. We don’t ask for mercy. We search for worms. Worms that we can use to dissect the state’s evidence. If the police violated your rights, we can often get your case dismissed.

Attack the Legality of the traffic stop Based on Lack of Reasonable Suspicion

Evidence obtained after an illegal traffic stop can be thrown out and your DUI case dismissed if an Atlanta police officer did not have reasonable articulable suspicion that a crime or traffic violation was occurring. Officers can’t pull you over on a simple hunch; they must witness a specific violation to justify the stop, such as:

• Speeding or dangerously slow driving.
• Weaving or failing to maintain a lane.
• An expired license plate or malfunctioning brake light.
• An illegal turn at a red circle.

Are DUI Field Sobriety Tests Mandatory?

Standardized field sobriety tests are voluntary in Georgia. There are many ways to beat a field sobriety test if the officer did not follow required procedures before, during, and after you were asked to perform awkward exercises. Body-cam footage often reveals clues that medical impairment, uneven pavement, or inappropriate directions were the cause of failure. You do not have to take field sobriety tests. Police officers often imply they are mandatory so they can gather evidence of impairment.

Beat DUI Breathalyzer Tests by Attacking the Evidence in Court

You can challenge blood or breath test results by attacking the scientific evidence through cross-examination at trial. The tests can be proven inaccurate if the testing device was not properly calibrated, the blood sample was contaminated, or if the officer failed to read the Georgia Implied Consent Warning at the time of the request. Everything the cops say and do can be used to defend your case. Most officers do not read defendants their rights (Miranda) because there is no law that requires them to do so before asking if you were drinking.

We know you need answers fast when you’ve been arrested, so we’ve compiled a list of answers to the most common questions regarding Atlanta DUI law, Georgia license suspensions and DUI defense tactics. Keep in mind that the answer varies depending on the facts of your stop and prior driving history.

Will I lose my license after a DUI Arrest?

If you submit what is called an Administrative License Suspension (ALS) appeal letter within 30 days of your arrest you will not lose your license the day of your arrest. If you fail to file an ALS appeal letter or install an ignition interlock device, then your license will automatically be suspended on the 31st day following your arrest.

Can An Atlanta DUI Charge Be Pleaded down to Reckless Driving?

Yes, if there are serious flaws with the state’s evidence against you or if you have no prior convictions, then your Atlanta DUI attorney can usually negotiate a plea to Reckless Driving. Having a charge reduced to Reckless Driving is favorable because there is no mandatory license suspension and it doesn’t carry the DUI stigma that many employers fear.

Do I Need a Lawyer for a First Offense DUI?

Yes, you definitely need to hire a lawyer if you have been charged with a first offense DUI because Georgia law mandates jail time and a criminal conviction that you cannot get expunged if you represent yourself. Many people think, “I’ll just go down there and apologize,” but that is a mistake. The prosecutor’s job is to put people in jail; they are not your friend.

Can DUI’s Be Removed from My Record in Atlanta?

No, under current law, DUI convictions cannot be removed or hidden from your criminal record, which is why it is imperative that you fight the charges prior to being convicted of DUI. Once your DUI conviction is entered into Georgia’s criminal database, it never goes away and will show up every time you apply for jobs or professional licenses.