DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) charges are among the most common criminal offenses in Georgia, yet they carry serious consequences that can affect every aspect of your life. Georgia has some of the strictest DUI laws in the nation, with mandatory minimum sentences, automatic license suspensions, and increasingly severe penalties for repeat offenses. Understanding these laws and the science behind DUI testing is crucial to mounting an effective defense.

The legal process following a DUI arrest is complex and time-sensitive. You have only 30 days from the date of your arrest to request an Administrative License Suspension (ALS) hearing to challenge the automatic suspension of your driver's license. Failure to request this hearing within the 30-day deadline results an automatic license suspension, regardless of the outcome of your criminal case. This administrative process is separate from your criminal case and requires immediate attention.

Modern DUI enforcement relies heavily on field sobriety tests, breathalyzer devices, and blood tests. However, these testing methods are not infallible and are subject to numerous sources of error. Field sobriety tests are highly subjective and can be influenced by medical conditions, physical disabilities, weather conditions, and the testing environment. Breathalyzer machines require regular calibration and maintenance, and improper administration can lead to false readings.

Blood tests, while generally more accurate than breath tests, are still subject to chain of custody issues, improper storage, and laboratory errors. Additionally, the timing of the test is crucial, as alcohol continues to absorb into the bloodstream for up to two hours after consumption. This means that your blood alcohol content at the time of testing may not accurately reflect your level of impairment at the time of driving.

Georgia's implied consent law requires drivers to submit to chemical testing when lawfully arrested for DUI. However, you have the right to refuse these tests, though refusal carries its own penalties, including automatic license suspension and the possibility that your refusal can be used against you in court. The decision of whether to submit to testing is complex and must be made quickly, often without the benefit of legal counsel.

Our DUI defense practice focuses on challenging every aspect of your case, from the initial traffic stop to the administration and reliability of chemical tests. We examine whether proper procedures were followed during your arrest and testing.