Traffic Offense Defense

What counts as a DUI in Georgia?

Georgia's DUI statute contains an important distinction in its language. The law prohibits a person from driving or being in actual physical control of “any moving vehicle” while under the influence. The statute does not specifically limit the offense to a “motor vehicle.” Georgia law also defines “vehicle” broadly, which raises unresolved questions about whether the DUI statute could apply to someone operating a bicycle or other non-motorized vehicles while intoxicated. This issue has not yet been definitively resolved by Georgia's appellate courts, it is a developing area of the law and one that can have surprising implications.

Can you be charged with a DUI with a blood alcohol content (BAC) below the legal limit?

The short answer is yes. The state of Georgia recognizes a DUI Less Safe, and unlike a DUI Per Se, which generally involves a chemical test showing a blood alcohol concentration at or above the applicable legal limit, a person may be charged with DUI Less Safe even when their blood alcohol concentration is below the legal limit. In these cases, the State may allege that the person's ability to drive safely was impaired by alcohol, drugs, or a combination of the two. Officers may consider circumstances such as driving behavior, speech, physical appearance, performance on field sobriety tests, and other observations when determining whether they believe a driver was impaired.

The specific DUI charge and circumstances of a case can have a significant impact on the potential penalties and outcome. We understand that facing a DUI charge can be stressful and uncertain, particularly when you are not sure what the allegations mean or what may happen next. Even a first DUI can carry serious consequences. An experienced DUI attorney can review the facts of your case, and help you navigate the legal system. Some of the penalties you could be facing include the following:

• Potential license suspension and administrative driver's services penalties
• Heavy fines, court costs, and mandatory surcharges
• Probation, community service, and risk reduction programs
• Potential jail time and a permanent criminal record

Do not plead guilty or speak to law enforcement without exploring your options. Contact our firm today to schedule your consultation.

A conviction can carry severe, life-altering consequences, including:

• Heavy fines and court fees
• Points on your driver's license
• Skyrocketing insurance premiums
• A permanent criminal record
• Potential jail time

These penalties can significantly impact your life, your employment, and your family. We protect your rights throughout the entire legal process and advocate for the best possible outcome. Facing criminal charges is an incredibly stressful experience, but you do not have to walk into the courtroom alone. Let us stand by your side.

Do not plead guilty or speak to law enforcement without exploring your options. Contact our firm today to schedule your consultation.

A conviction carries harsh, mandatory penalties that can disrupt your life, including:

• Jail Time
• Heavy Fines
• Further License Suspension
• A Permanent Criminal Record

Navigating both the criminal court system and the Georgia Department of Driver Services (DDS) administrative process can be overwhelming. You don't have to face this alone. We thoroughly review the details of your stop, and advocate for the best possible outcome. We can also help you resolve the underlying issues causing your suspension so you can legally get back on the road. Let us fight on your behalf to protect your rights.

Do not plead guilty or speak to law enforcement without exploring your options. Contact our firm today to schedule your consultation.

In Georgia, the law is strict: if you are involved in an accident, you are generally required to stop, provide identifying information, and notify law enforcement or the property owner. Leaving the scene even if you just panicked or the damage appeared minor, can have life-altering consequences.

A hit-and-run conviction carries severe, life-altering consequences that can disrupt your family and your livelihood, including:

• Criminal charges (ranging from a serious misdemeanor to a felony if injuries or fatalities occurred)
• Jail or prison time
• Significant fines and court fees
• License suspension and points on your driver's license
• Increased insurance premiums

Every hit-and-run case is unique. Prosecutors will evaluate the extent of the damage, whether anyone was hurt, and the specific actions you took after the accident. Leaving the scene is often the result of a split-second fear response, and a single moment of panic should not define your entire future.

We thoroughly review the facts of your case to protect your rights, mitigate the damage, and advocate for the best possible outcome. Facing criminal charges is an incredibly stressful experience, but you do not have to walk into the courtroom alone. Let us stand by your side.

Do not plead guilty or speak to law enforcement without exploring your options. Contact our firm today to schedule your consultation.