Why Choose Us?

When facing DUI charges, you need a defense that combines skill, experience, and determination. At Houston Washburn Law, we fight to protect your license, freedom, and record.

Why clients choose us:

  • Former prosecutor with insider knowledge of DUI prosecution tactics
  • National Trial Lawyers Top 40 Under 40 and Super Lawyers Rising Star
  • Member of the National College for DUI Defense
  • Hundreds of DUI and criminal cases successfully defended across Georgia
  • Free consultations and most cases handled without court appearance

We represent clients throughout Georgia, including Alpharetta, North Fulton, and Lawrenceville.

Understanding DUI Charges in Georgia

A DUI in Georgia occurs when a driver operates or is in physical control of a vehicle while impaired by alcohol, drugs, or a combination of both. You can be charged even if your blood alcohol concentration (BAC) is below the legal limit, depending on the officer’s observations and evidence of impairment.

Georgia law enforces strict DUI penalties, but a charge does not equal a conviction. With experienced legal representation, many cases can be reduced, dismissed, or won at trial.

What Are Georgia’s DUI Laws?

Under O.C.G.A. §40-6-391, you can be charged with DUI if:

  • Your BAC is .08% or higher (per se DUI)
  • You are under 21 with a BAC of .02% or higher
  • You are impaired by drugs, alcohol, or both, even with a legal BAC
  • You have any detectable amount of a controlled substance in your system, such as marijuana

Importantly, Georgia law prohibits being in “actual physical control” of a vehicle while impaired. This means you can be arrested for sitting behind the wheel with the keys in the ignition, even if the car is not moving.

What Are the Penalties for DUI in Georgia?

DUI penalties in Georgia vary based on the number of prior offenses and circumstances.

1st Offense DUI:

  • 10 days to 12 months in jail (often partly suspended)
  • Fines of $300–$1,000
  • 40 hours of community service
  • DUI Risk Reduction Program and alcohol evaluation
  • License suspension up to 1 year

2nd Offense (within 10 years):

  • 90 days to 12 months in jail
  • Fines of $600–$1,000
  • 240 hours of community service
  • 18-month suspension and ignition interlock requirement

3rd Offense (within 10 years):

  • 120 days to 12 months in jail
  • Fines of $1,000–$5,000
  • 240 hours of community service
  • Habitual violator status and five-year license revocation

4th or Subsequent Offense:

  • Classified as a Felony DUI
  • Harsh prison time, fines, and permanent record

Additional penalties include increased insurance rates, mandatory counseling, and permanent criminal records accessible to employers.

What Is the DUI Appeal Deadline in Georgia?

If you’ve been arrested for DUI in Georgia, you have 30 days from the date of arrest to file an appeal with the Department of Driver Services (DDS) to prevent automatic license suspension.

Failing to file within 30 days means your license can be suspended after 45 days. An attorney can help you request a hearing and fight to maintain your driving privileges while your criminal case proceeds.

Am I Eligible for a Hardship License in Georgia?

Hardship licenses are available in certain cases during suspension periods if you install and maintain an ignition interlock device. These permits allow limited driving for work, school, or medical purposes.

Applications must be filed in the original sentencing court and approved based on demonstrated hardship. Once granted, you can apply for the restricted license through the DDS.

Common DUI Defenses in Georgia

A strong DUI defense challenges both the legality of your stop and the accuracy of testing.

Effective DUI defense strategies include:

  • Unlawful traffic stop: No valid reason for the stop or arrest.
  • Faulty field sobriety tests: Improper administration or interpretation.
  • Breathalyzer or blood test errors: Machine calibration issues or contamination.
  • Violation of rights: Lack of Miranda warning or improper procedures.
  • No proof of actual driving: Sitting in a parked vehicle while impaired.

Our attorneys analyze every detail of your arrest, from police reports to video footage, to uncover weaknesses in the state’s case.

How We Build Your DUI Defense

At Houston Washburn Law, we take immediate action after your arrest to protect your rights and driving privileges.

Our process includes:

  1. Reviewing the evidence, including police bodycam footage and chemical tests.
  2. Requesting and handling your DDS hearing to preserve your license.
  3. Filing motions to suppress illegally obtained evidence.
  4. Negotiating with prosecutors for reduced charges or alternative sentencing.
  5. Taking your case to trial when it serves your best interest.

We know how to identify errors in testing and procedure that can lead to reduced penalties—or full dismissal.

Contact Our Georgia DUI Lawyers

If you’ve been charged with DUI anywhere in Georgia, including Alpharetta, North Fulton, or Lawrenceville, contact Houston Washburn Law today. Attorney Houston Washburn, a National Trial Lawyers Top 40 Under 40 and member of the National College for DUI Defense, provides the strategic, aggressive defense you need. Our team fights to protect your license, reputation, and freedom. Call today for your free consultation and start building your defense now.

FAQs

How long will a DUI stay on my record in Georgia?

A DUI conviction stays on your criminal record permanently and cannot be expunged. However, with the right defense, it may be possible to avoid a conviction altogether.

Will I lose my license immediately after a DUI arrest?

Not immediately. You have 30 days to appeal to the DDS to preserve your license. Without filing, your license may be automatically suspended after 45 days.

Can I be charged with DUI if I wasn’t driving?

Yes. In Georgia, being in physical control of a vehicle while impaired is enough for an arrest, even if the car isn’t moving.

Can a DUI be reduced to a lesser charge?

Yes. Depending on the evidence, your attorney may negotiate a reduction to reckless driving or another lesser offense, avoiding the harshest DUI penalties.

DUI

Why Choose Us?

When facing DUI charges, you need a defense that combines skill, experience, and determination. At Houston Washburn Law, we fight to protect your license, freedom, and record.

Why clients choose us:

  • Former prosecutor with insider knowledge of DUI prosecution tactics
  • National Trial Lawyers Top 40 Under 40 and Super Lawyers Rising Star
  • Member of the National College for DUI Defense
  • Hundreds of DUI and criminal cases successfully defended across Georgia
  • Free consultations and most cases handled without court appearance

We represent clients throughout Georgia, including Alpharetta, North Fulton, and Lawrenceville.

Understanding DUI Charges in Georgia

A DUI in Georgia occurs when a driver operates or is in physical control of a vehicle while impaired by alcohol, drugs, or a combination of both. You can be charged even if your blood alcohol concentration (BAC) is below the legal limit, depending on the officer’s observations and evidence of impairment.

Georgia law enforces strict DUI penalties, but a charge does not equal a conviction. With experienced legal representation, many cases can be reduced, dismissed, or won at trial.

What Are Georgia’s DUI Laws?

Under O.C.G.A. §40-6-391, you can be charged with DUI if:

  • Your BAC is .08% or higher (per se DUI)
  • You are under 21 with a BAC of .02% or higher
  • You are impaired by drugs, alcohol, or both, even with a legal BAC
  • You have any detectable amount of a controlled substance in your system, such as marijuana

Importantly, Georgia law prohibits being in “actual physical control” of a vehicle while impaired. This means you can be arrested for sitting behind the wheel with the keys in the ignition, even if the car is not moving.

What Are the Penalties for DUI in Georgia?

DUI penalties in Georgia vary based on the number of prior offenses and circumstances.

1st Offense DUI:

  • 10 days to 12 months in jail (often partly suspended)
  • Fines of $300–$1,000
  • 40 hours of community service
  • DUI Risk Reduction Program and alcohol evaluation
  • License suspension up to 1 year

2nd Offense (within 10 years):

  • 90 days to 12 months in jail
  • Fines of $600–$1,000
  • 240 hours of community service
  • 18-month suspension and ignition interlock requirement

3rd Offense (within 10 years):

  • 120 days to 12 months in jail
  • Fines of $1,000–$5,000
  • 240 hours of community service
  • Habitual violator status and five-year license revocation

4th or Subsequent Offense:

  • Classified as a Felony DUI
  • Harsh prison time, fines, and permanent record

Additional penalties include increased insurance rates, mandatory counseling, and permanent criminal records accessible to employers.

What Is the DUI Appeal Deadline in Georgia?

If you’ve been arrested for DUI in Georgia, you have 30 days from the date of arrest to file an appeal with the Department of Driver Services (DDS) to prevent automatic license suspension.

Failing to file within 30 days means your license can be suspended after 45 days. An attorney can help you request a hearing and fight to maintain your driving privileges while your criminal case proceeds.

Am I Eligible for a Hardship License in Georgia?

Hardship licenses are available in certain cases during suspension periods if you install and maintain an ignition interlock device. These permits allow limited driving for work, school, or medical purposes.

Applications must be filed in the original sentencing court and approved based on demonstrated hardship. Once granted, you can apply for the restricted license through the DDS.

Common DUI Defenses in Georgia

A strong DUI defense challenges both the legality of your stop and the accuracy of testing.

Effective DUI defense strategies include:

  • Unlawful traffic stop: No valid reason for the stop or arrest.
  • Faulty field sobriety tests: Improper administration or interpretation.
  • Breathalyzer or blood test errors: Machine calibration issues or contamination.
  • Violation of rights: Lack of Miranda warning or improper procedures.
  • No proof of actual driving: Sitting in a parked vehicle while impaired.

Our attorneys analyze every detail of your arrest, from police reports to video footage, to uncover weaknesses in the state’s case.

How We Build Your DUI Defense

At Houston Washburn Law, we take immediate action after your arrest to protect your rights and driving privileges.

Our process includes:

  1. Reviewing the evidence, including police bodycam footage and chemical tests.
  2. Requesting and handling your DDS hearing to preserve your license.
  3. Filing motions to suppress illegally obtained evidence.
  4. Negotiating with prosecutors for reduced charges or alternative sentencing.
  5. Taking your case to trial when it serves your best interest.

We know how to identify errors in testing and procedure that can lead to reduced penalties—or full dismissal.

Contact Our Georgia DUI Lawyers

If you’ve been charged with DUI anywhere in Georgia, including Alpharetta, North Fulton, or Lawrenceville, contact Houston Washburn Law today. Attorney Houston Washburn, a National Trial Lawyers Top 40 Under 40 and member of the National College for DUI Defense, provides the strategic, aggressive defense you need. Our team fights to protect your license, reputation, and freedom. Call today for your free consultation and start building your defense now.

FAQs

How long will a DUI stay on my record in Georgia?

A DUI conviction stays on your criminal record permanently and cannot be expunged. However, with the right defense, it may be possible to avoid a conviction altogether.

Will I lose my license immediately after a DUI arrest?

Not immediately. You have 30 days to appeal to the DDS to preserve your license. Without filing, your license may be automatically suspended after 45 days.

Can I be charged with DUI if I wasn’t driving?

Yes. In Georgia, being in physical control of a vehicle while impaired is enough for an arrest, even if the car isn’t moving.

Can a DUI be reduced to a lesser charge?

Yes. Depending on the evidence, your attorney may negotiate a reduction to reckless driving or another lesser offense, avoiding the harshest DUI penalties.