DUI Lawyer in Georgia — The 30-Day ALS Deadline, Penalties and Repeat DUI Rules

A Georgia DUI brings a criminal case and an administrative license suspension with a 30-day deadline. A DUI lawyer in Georgia helps you choose the right license option and build the strongest defense.

Georgia DUI penalties include mandatory jail, community service and programs. Moreover, repeat offenses carry public consequences, including newspaper publication. Therefore, understanding your options early is essential.

Our attorneys prepare ALS materials, DUI defense packs and mitigation packets for cases across Georgia, from metro Atlanta to Savannah and Augusta.

Georgia DUI law basics

Georgia's DUI law is O.C.G.A. section 40-6-391. There are two main types. First, "less safe" DUI applies when alcohol or drugs make you less safe to drive. Second, "per se" DUI applies when your BAC is 0.08 or more.

Lower limits apply to commercial drivers and drivers under 21. Furthermore, Georgia has DUI laws covering drugs, including some prescription medications. Consequently, a DUI can be charged without a high BAC.

The 30-day ALS deadline

After a DUI arrest with a failed or refused test, Georgia starts an administrative license suspension. You generally have 30 days to act. Options usually include requesting an ALS hearing or, in many cases, installing an ignition interlock for a limited permit.

Each option has trade-offs. For example, the ALS hearing allows you to question the officer, while the interlock option may keep you driving. Therefore, choose carefully. Our license hearing service explains the choice and prepares the paperwork.

Georgia DUI penalties

Penalty ranges change and depend on the facts, so treat the figures here as a general guide and confirm them for your case.

A first DUI usually brings at least 24 hours in jail, fines, 40 hours of community service, probation, the DUI Risk Reduction Program and a clinical evaluation. In addition, the license is suspended, though a limited permit may be available.

A second DUI within ten years brings at least 72 hours in jail and more community service. Furthermore, a third DUI within ten years is a high and aggravated misdemeanor with at least 15 days in jail. Meanwhile, a fourth DUI within ten years is a felony.

Publication of repeat offenders

Georgia requires publication of a repeat DUI offender's name, photograph and address in the local legal newspaper, at the offender's expense. Consequently, repeat DUIs carry lasting public consequences.

Defenses in Georgia DUI cases

Defenses often challenge the stop, the arrest and the testing. For example, Georgia's breath testing instrument must be properly maintained and operated. Similarly, the implied consent notice must be read correctly.

Less-safe cases depend on observations. Therefore, video and witness accounts can be decisive. Our DUI Defense Pack reviews the evidence and the likely outcomes.

Mitigation in Georgia

Mitigation matters in Georgia. Completing the Risk Reduction Program and clinical evaluation early shows responsibility. In addition, recommended treatment and community service strengthen your position.

Our DUI Mitigation Packet and character letters services prepare these materials. Afterwards, our license reinstatement service explains Georgia's reinstatement steps.

Georgia courts and a typical timeline

DUI cases are heard in municipal, state or probate courts depending on the county and charge. In metro Atlanta, the State Courts of Fulton, DeKalb, Cobb and Gwinnett handle many DUI cases.

First, the arrest and ALS notice happen together. Next, you have 30 days for the license decision. Then the criminal case proceeds through arraignment, discovery and negotiations. Finally, the case resolves by plea, dismissal or trial. For more, read our national guide to multiple-offense and felony DUI.

The true cost of a Georgia DUI

Fines are only one part of the cost. In addition, expect court costs and surcharges, the Risk Reduction Program fee, a clinical evaluation and any recommended treatment. Moreover, reinstatement fees and higher insurance premiums follow a conviction.

There are hidden costs too. For example, a DUI can affect jobs that require driving, professional licenses and security clearances. Similarly, commercial drivers face strict disqualification rules.

What to do in the first week

First, write down everything you remember about the stop, the tests and the arrest. Next, keep the paperwork the officer gave you, especially the license notice. Then decide on your ALS option within 30 days. Meanwhile, consider starting a clinical evaluation, because early action often helps mitigation.

Consequently, a fixed-fee defense pack is a small investment compared with the long-term cost of a conviction.

Commercial drivers in Georgia

Commercial drivers face stricter rules. A BAC of 0.04 or more while driving a commercial vehicle is a DUI. Moreover, a DUI in any vehicle usually disqualifies a CDL holder for at least a year, and a second can mean lifetime disqualification. Therefore, CDL holders should get advice immediately after any arrest.

Our DUI Defense services in Georgia

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in Georgia. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

DUI Defense across Georgia — cities we serve

We work with clients in every part of Georgia, entirely online. Therefore, it does not matter whether you live downtown or hours from the nearest courthouse. Your documents follow Georgia law and your county's local practice. Choose your city below to see local details and prices.

• Atlanta: DUI / DWI Defense Document Package in Atlanta · DMV License Suspension Hearing — Request & Preparation in Atlanta · DUI Sentencing Mitigation Packet in Atlanta
• Augusta: DUI / DWI Defense Document Package in Augusta · DMV License Suspension Hearing — Request & Preparation in Augusta · DUI Sentencing Mitigation Packet in Augusta
• Columbus: DUI / DWI Defense Document Package in Columbus · DMV License Suspension Hearing — Request & Preparation in Columbus · DUI Sentencing Mitigation Packet in Columbus
• Macon: DUI / DWI Defense Document Package in Macon · DMV License Suspension Hearing — Request & Preparation in Macon · DUI Sentencing Mitigation Packet in Macon
• Savannah: DUI / DWI Defense Document Package in Savannah · DMV License Suspension Hearing — Request & Preparation in Savannah · DUI Sentencing Mitigation Packet in Savannah
• Athens: DUI / DWI Defense Document Package in Athens · DMV License Suspension Hearing — Request & Preparation in Athens · DUI Sentencing Mitigation Packet in Athens
• Sandy Springs: DUI / DWI Defense Document Package in Sandy Springs · DMV License Suspension Hearing — Request & Preparation in Sandy Springs · DUI Sentencing Mitigation Packet in Sandy Springs
• Roswell: DUI / DWI Defense Document Package in Roswell · DMV License Suspension Hearing — Request & Preparation in Roswell · DUI Sentencing Mitigation Packet in Roswell
• Marietta: DUI / DWI Defense Document Package in Marietta · DMV License Suspension Hearing — Request & Preparation in Marietta · DUI Sentencing Mitigation Packet in Marietta
• Alpharetta: DUI / DWI Defense Document Package in Alpharetta · DMV License Suspension Hearing — Request & Preparation in Alpharetta · DUI Sentencing Mitigation Packet in Alpharetta

More Georgia services

DMV License Suspension Hearing — Request & Preparation in Georgia · DUI Sentencing Mitigation Packet in Georgia · License Reinstatement / Hardship (Restricted) License in Georgia · Felony DUI consultation in Georgia · DUI / DWI consultation in Georgia · Character Reference Letters for Court in Georgia. See all legal services in Georgia.

Nearby states

Moving between states, or is the other party elsewhere? We also cover DUI / DWI Defense Document Package in Florida, DUI / DWI Defense Document Package in Alabama, DUI / DWI Defense Document Package in Tennessee, DUI / DWI Defense Document Package in South Carolina, DUI / DWI Defense Document Package in North Carolina. See every location we cover.

Frequently asked questions

Contact American Counsel

Related guides

This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.