Related Topics
First Offense DUI Lawyers in Georgia
Protecting Your License, Record, and Future After a First DUI
A first DUI arrest in Georgia can feel overwhelming. At EHG Law, we help clients understand what happens next, protect their license, and build a strategy to move forward with confidence.
What Happens After Your First DUI Arrest
When we first talk to our clients, the first concern is, “what does this arrest mean for my future?” DUI consequences and dismissal opportunities will vary from court to court.
This is frustrating to learn when you are trying to determine your future after being arrested for DUI, and you will not be able to find specific answers about your case online.
Typical Penalties for a First DUI in Georgia
- 12 months probation
- Fines ranging from $300-$1000 + court costs
- 1-day jail (or credit for time served)
- Attend DUI School
- Attend MADD Victim Impact Panel
- 120-day suspension with limited permit
- 40 hours of community service
One of the biggest mistakes a driver can make after their first arrest is to assume that it will all work out or that they can handle it on their own by researching online. If you try to represent yourself in court on a DUI you should expect the Judge to try to talk you out of it. And for good reason.
Representing yourself in a DUI is akin to performing open-heart surgery on yourself. It requires highly specialized training and knowledge. DUI is among the most complex and densely litigated areas of the Georgia criminal code. It is not just another “traffic ticket,” and DIY options will lead to unmitigated disaster.
Just like you wouldn’t allow just any doctor to perform surgery, you should also invest a lot of time in selecting your legal team. The team you choose to represent you in court will be the MOST important step you can take to protect your future plans.
The EHG team has deep expertise in designing strategies for damage control both inside and outside of the courtroom. As experienced DUI lawyers, we help our clients remove mugshots, seal their records, and protect employment opportunities while fighting their case in court.
Georgia First Offense DUI Laws
Less Safe DUI
In Georgia, you can be charged with a “less safe” DUI if the prosecutor can demonstrate that your ability to drive was impaired by alcohol or drugs, even if you did not take a chemical test. To prove a “less safe” DUI, the prosecutor may present evidence such as your initial driving behavior (weaving, speeding, or failing to maintain your lane), speech patterns (slurred or mumbled words), the smell of alcohol on your breath, balance issues, and the results of field sobriety tests. In a “less safe” DUI case, the prosecutor must show that you were under the influence of alcohol or drugs to the point that you were unable to safely operate a vehicle.
Per Se DUI
If you took a chemical test, such as a breathalyzer, blood test, or urine test, the prosecutor may try to prove your DUI in two ways: by showing that you were “less safe” to drive due to alcohol or drug impairment, and by demonstrating that your blood alcohol concentration (BAC) was above the legal limit. In Georgia, it is illegal for drivers of legal drinking age (21 or older) to operate a vehicle with a BAC of .08% or higher. There are lower BAC limits for commercial drivers and for drivers under 21, who are not allowed to have a BAC of .02% or higher. In Georgia, you may be convicted of a “per se” DUI if the prosecutor can prove that your BAC was above the legal limit within three hours of when you stopped driving, regardless of whether you were “less safe” to drive. If you were arrested in Atlanta, you should have received a copy of your breath test result from the arresting officer.
DUI Drug Cases
It is possible to be charged with a DUI for driving under the influence of not only alcohol, but also illegal, prescription, and over-the-counter drugs. However, just because you have been charged with a DUI drug offense does not necessarily mean that there is evidence of drug use. Sometimes, prosecutors may include a drug charge as a precautionary measure to ensure that their case is not dismissed on a technicality. This can be inconvenient and embarrassing, as it may appear on a background check and require an explanation to an employer. An attorney may be able to provide your employer with the necessary information to understand the circumstances of the charge. It is important to note that even if the drug charge is not supported by evidence, you may still face other DUI charges related to alcohol or impaired driving.
Schedule a consultation.
Contact Erin
"*" indicates required fields
Criminal defense for first DUI in Georgia
For more than a decade, Erin Gerstenzang has been teaching lawyers across the country how to handle DUI cases. Everything from trial techniques to innovative solutions for client problems, Erin is a sought-after speaker who sets the gold standard for what exceptional defense looks like in DUI. With a nationally known course on defending DUI clients, Erin is the go-to for lawyers looking to improve their skills.
Erin Gerstenzang, a member of the Faculty of the National College for DUI Defense, also brings a wealth of knowledge and leadership to the field of DUI defense. She has served as the Chair of the Georgia Public Defender Council’s DUI Trial Strategies Annual Program for seven years and currently holds a position on the Executive Board of the Georgia Association for Criminal Defense Attorneys, where she heads the Judicial Recommendation Committee.