A first-time DUI offense in Georgia can be dismissed in court if there are procedural mistakes during the arrest or errors in the DUI test lab. These police errors and legal technicality defenses are often identified by an experienced local DUI attorney during a free arrest review.
Some case-winning defenses that can be used to have recent DUI charges dismissed or reduced to a less serious offense include:
- Insufficient evidence that you were a less safe driver due to impairment by alcohol or drugs
- Invalidity of the field sobriety exercises, breath or blood testing procedures
- A good defense attorney can often make arguments that either the officer did not inform you of the consequences of a refusal or that you did not actually refuse the test but merely questioned it
Other successful DUI defense options often include:
- Plea bargain: A plea bargain can be presented by the prosecution and negotiated by your lawyer. You always have the final say in whether you accept or reject a plea deal.
- Contesting BAC tests: Contesting BAC tests is an effective way of fighting to reduce potential jail sentences and other punishments.
- Alcohol or Drug Risk Reduction Program: Completion of a DUI Alcohol or Drug Risk Reduction Program (DUI School) approved by the Department of Driver Services.
2024 penalties to expect for a first-time DUI offense conviction in Georgia include:
- A probation period of up to 12 months
- A jail sentence is not required by law if your BAC is shown to be below 0.08%
- Judges will often require an Alcohol & Drug Evaluation plus any follow-up treatment as required by the evaluator
Here are some ways to challenge a DUI less safe charge in Georgia:
- Lack of probable cause
- Challenge the reasonable suspicion standard to stop
- Illegal use of a road block
- Insufficient evidence that you were a less safe driver due to impairment by alcohol or drugs
- Field sobriety tests were not conducted correctly
- The police did not follow the proper procedure
- You were not given a reasonable opportunity to take the test
Other effective ways to beat a DUI include:
- Appealing the suspension of your driver’s license
- Not taking or attempting any roadside exercises, evaluations, or verbal tests
A prosecutor may be willing to reduce a DUI to a Reckless Driving Charge if there are factual or legal issues favorable to your case. This is a reduction of a charge but not an outright dismissal.
To appeal a DUI conviction in Georgia, you must begin the appellate process within 30 days of your conviction. This is done by filing either a motion for new trial or a notice of appeal.
Contacting a local Board Certified DUI lawyer who is open now 24 hours to provide free legal advice, can help you get started immediately in fighting to get your charges cleared or dismissed effectively.
I was convicted of a DUI 5 years ago and ordered to do a year of unsupervised probation, and jump through several hoops in order to get my license back in lieu of active jail time. A few months later I was arrested on unrelated charges which (should have) violated my probation.
I asked my lawyer at the time if I could get my sentence activated because I knew I was going to serve time in prison and didn’t want to get out 5 years later and have to go through all of that to get a license. Now I’m out of prison, I’m doing my probation in Georgia and NC still wants me to do all of this stuff for a level 5 first time DUI that happened 5 years ago. Can I go back to court and get my case heard again?
I was arrested on a smell of marijuana in my car. I use marijuana for back problems, female problems, anxiety and migraines. So yes i smoked about 4 hours previous to being pulled over for speeding. I did have a jar i was keeping my marijuana in. Told the officer where it was. Told him how long it had been since i smoked.
I done 3 field sobriety tests on the side of the road before the officer took me to jail. I have 2 tickets, 90/65 and DUI. I did consent to the drug test (blood and urine) Can I be charged if there’s no evidence I was under the influence?? Please help! My first DUI and I’m terrified!
I got a wet reckless in ca in march 2018 and recently i got a possible DUI charge in Georgia Cobb county. Everyone I talked to seems to be confused on what to do. Appreciate the advice.
Not sure what laws in Georgia require for a second DUI and there has been more than 10 years since the last time. Also the DUI was due to medication I take for the condition I suffer from.
I also have a driving on suspended charge, and if this does require any additional jail time.
My DUI was in 2014, I refused tests. I hired a lawyer and heard nothing for years. I now live in another state and found out there was a warrant for FTA. My attorney that I hired upon the DUI in 2014 is extremely hard to reach or talk to. He was able to get the warrant dismissed and a new court date. I now have to travel back to ATL for court. What should I expect? Can you help me?
I didn’t let the breath or blood test happen. I refused it. The charges are DUI and open container. The next day i retrieved my vehicle from the towing company and the containers were still in the vehicle.
I have also went to the Hearing and the arresting officer didn’t show so they reinstated my licence.
What should be my next move?