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Criminal Defense Resources

DUI Facts

GA has an implied consent law. If you are suspected of driving under the influence or while impaired, you, by law, can either consent to giving a blood, breath or urine sample OR face a minimum of 1 year driving suspension and have your refusal to give the sample used against you at trial.

DUI Dos and Don’ts

  1. Do not do the field sobriety tests.
  2. Do ask for your attorney and call one immediately.
  3. Do exercise your right to remain silent!
  4. If you are served with notice of license suspension. CALL an ATTORNEY IMMEDIATELY!

DUI Field Sobriety Tests

In GA, three field sobriety tests are done. Officers use these test to determine if someone is under the influence of drugs and/or alcohol.

  1. The Walk and Turn. Officer asks you to walk heel-to-toe for nine steps then turn. The police officer is considering if the driver follows the instructions as given; uses the heel-to-toe method requested; can keep their balance; stops to adjust balance or loses their balance; uses their arms to try to keep balanced; or does not take the required number of steps.
  2. The One-Leg Stand. The driver is asked to stand with one foot raised about six inches. This test is used to determine if you can keep your balance. Indicators of being under the influence are: swaying; resting raised foot on the ground three or more times; using arms for balance; and hopping.
  3. The Horizontal Gaze Nystgamus. The officer tests the level of ‘smooth pursuit’ in the eyes. Nystgamus is defined as involuntary movement of the eyes. In this test, the officer is looking to see if the eyes move back and forth with a jerking motion (lacking smooth pursuit) or if the eyes move fluidly.

Factors Used by Cops as Reasonable Suspicion to Stop You

  • Turning with wide radius
  • Straddling center or lane marker
  • Appearing to be drunk
  • Almost striking object or vehicle
  • Weaving
  • Driving on other than designated roadway
  • Swerving
  • Slow speed (more than 10mph below limit)
  • Stopping (without cause) in traffic lane
  • Drifting
  • Following too closely
  • Tires on center or land marker
  • Braking erratically
  • Driving into opposing or crossing traffic
  • Signaling inconsistent with driving actions
  • Stopping inappropriately (other than in lane)
  • Turning abruptly or illegally
  • Accelerating or decelerating rapidly
  • Driving at night with your headlights off

Georgia DUI LAWS

O.C.G.A. 40-5-55: Implied consent to chemical tests.
O.C.G.A. 40-5-57.1: Revocation of licenses of persons under age 21 for certain offenses; issuance of new license following revocation.
O.C.G.A. 40-5-67: Seizure and disposition of driver's license of persons charged with driving under the influence; issuance of temporary driving permit; disposition of cases.
O.C.G.A. 40-5-67.1: Chemical tests; implied consent notices; rights of motorists; test results; refusal to submit; suspension or denial; hearing and review.
O.C.G.A. 40-5-67.2: Terms and conditions for suspension of license
O.C.G.A. 40-5-75: Suspension of licenses by operation of law for conviction of possession, distribution, manufacture, cultivation, sale or transfer of controlled substances or marijuana; or driving under the influence of the substance.
O.C.G.A. 40-6-391: Addresses driving under the influence of alcohol, drugs or other intoxicating substances; penalties for first, second and subsequent convictions; child endangerment.
O.C.G.A. 40-6-391.1: Nolo contendere please; requirement to attend an alcohol and drug course.
O.C.G.A. 40-6-391.2: Seizure and forfeiture of a motor vehicle operated by habitual offender.
O.C.G.A. 40-6-391.3: Penalty for conviction for driving under the influence of alcohol or drugs while driving a school bus.
O.C.G.A. 40-6-392: Chemical tests for alcohol or drugs in blood.
O.C.G.A. 40-6-393: Homicide by vehicle.
O.C.G.A. 40-6-393.1: Feticide by vehicle.
O.C.G.A. 40-6-394: Serious injury by vehicle

Georgia Drunk Driving Fines & Penalties

First Drunk Driving Conviction
Jail – From 10 Days to 1 Year
Fine – From $300 - $1,000
License Suspension – Up to 1 Year
Community Service – 40 Hours Minimum
License Reinstatement - $210
Second Drunk Driving Conviction
Jail – From 90 Days to 1 Year
Fine – From $600 to $1,000
License Suspension – 3 Years
Community Service – 30 Days Minimum
License Reinstatement - $210
Ignition Interlock Device - If Court Allows
Complete Treatment Program or Evaluation
Third Drunk Driving Conviction
Jail – From 120 Days to 12 Months
Fine – From $1,000 to $5,000
License Suspension – 5 Years
Community Service – 30 Days Minimum
License Reinstatement - $210
Complete Treatment Program or Evaluation
Fourth Drunk Driving Conviction
Felony Offense
Jail – From 1 Year to 5 Years
Fine – From $1,000 to $5,000
Community Service – 60 Days Minimum
Complete Treatment Program or Evaluation
*note for drivers 21 years of age and older