What is the 30-day rule after a Georgia DUI arrest?

After a DUI arrest in Georgia, you have only 30 days to request an Administrative License Suspension (ALS) hearing with the Department of Driver Services. If you miss this deadline, your license will be automatically suspended. An experienced Georgia DUI attorney can file this request immediately and fight to protect your driving privileges.

What is Georgia's DUI 'Less Safe' law?

Under Georgia's DUI Less Safe law (O.C.G.A. § 40-6-391), a driver can be charged with DUI even if their BAC is below the legal limit of 0.08%. The prosecution only needs to prove that the driver was less safe to operate a vehicle due to alcohol or drugs. This means you can be arrested and convicted without blowing over the limit.

Can breath and blood test results be challenged in a Georgia DUI case?

Yes. Breath and blood test results in Georgia DUI cases are frequently challenged on grounds including improper calibration, operator error, medical conditions that skew results, and chain of custody failures with blood samples. Willis Law Firm has extensive experience attacking chemical testing evidence, contributing to a 93.1% success rate across DUI cases.

Am I required to perform field sobriety tests in Georgia?

No. Field sobriety tests in Georgia are voluntary. You have the right to politely decline to perform them. However, refusal may still be used against you. If you did submit to field sobriety testing, the administration of those tests must comply with NHTSA standards, and improper administration can be used as a defense.

What is the difference between a first, second, and felony DUI in Georgia?

A first DUI in Georgia carries fines, license suspension, and possible jail time up to 12 months. A second DUI within 10 years results in harsher penalties including mandatory jail and a longer suspension. A fourth DUI within 10 years is charged as a felony under Georgia law, with potential prison time and permanent license revocation.

What should I do immediately after a DUI arrest in Georgia?

After a DUI arrest in Georgia, the most important steps are: (1) request an ALS hearing within 30 days to protect your license, (2) do not make statements to law enforcement without an attorney, and (3) contact an experienced Georgia DUI defense attorney immediately. Willis Law Firm is available to help you understand your rights and begin building your defense.

Georgia DUI Laws A-Z

A DUI arrest can feel overwhelming. Our attorneys have put together this A–Z resource so you understand exactly what Georgia law says, what your rights are, and what to expect at every step.

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