A Gwinnett County DUI Lawyer Handling All Types of DUI Offenses

Like every other state, Georgia prohibits the operation of a motor vehicle while under the influence of alcohol and drugs. The police aggressively charge people with DUIs even if they don’t have substantial evidence, putting your license and reputation at risk. If convicted, you face considerable penalties and fines as well as the possibility of jail time. Police and prosecutors are relentless, but don’t let them convince you that you’re guilty. Instead, contact a Gwinnett County DUI lawyer who knows the law and how to get a fair result.

The Basics of DUI Charges in Georgia

Under Georgia law, you can be charged with driving under the influence of alcohol or drugs in any of three situations:

You have a blood alcohol content (BAC) of .08% or greater
You have any amount of marijuana or illegal drugs in your system
The arresting officer has probable cause to believe you are impaired by any amount of alcohol or drugs (including legal prescriptions) and that you are a “less safe” driver because of it

Prosecutors will want you to believe your case is open and shut, but this rarely happens. For example, breathalyzer devices and blood tests can be administered improperly or, in some instances, return inaccurate results. Also, the officer may have been mistaken in believing you were under the influence. Fortunately, you can require the prosecution to prove its case. A Gwinnett County DUI lawyer can evaluate the evidence and formulate an effective defense strategy.

An Experienced Gwinnett County DUI Lawyer Helping First-Time Offenders

For many people, a DUI charge may be the first time they have been in court. It’s important to understand that even if this is your first DUI offense, the consequences can still be severe. If convicted, you could face the following penalties:

Minimum of 24 hours to 10 days in jail
12 months of probation
Fines of $300 up to $1,000

In addition to jail time, probation, and fines, you will likely be ordered to attend mandatory drug or alcohol counseling and treatment and to perform at least 40 hours of community service. Most people can’t afford any time in jail or hundreds of dollars in fines, and getting the time off for work for community service or counseling can be challenging. If this is your first offense, a Gwinnett County DUI lawyer can provide the best opportunity to avoid the harsh consequences of a DUI.

Second and Third DUI Offenses in Georgia

If this is your second or third offense, you are subject to increasingly severe penalties if convicted. The penalties for a second DUI conviction include the following:

Minimum of three to 90 days in jail
Fines of $600 up to $1,000
Minimum of 30 days of community service

A conviction for a third DUI offense could include the following:

Minimum of 15 to 120 days in jail
Fines of $1,000 up to $5,000
Minimum of 30 days of community service

If you have previously been convicted of a DUI, it is essential to remember you still deserve your day in court and fair dealing from the prosecution. You need an experienced Gwinnett County DUI lawyer who knows how to challenge the prosecution’s case and protect your rights.

Felony DUI Charges in Georgia

While most DUI charges are misdemeanor offenses, you can be charged with felony DUI in Georgia. A DUI will be charged as a felony in the following situations:

You have three or more DUI convictions within the last 10 years
You caused an accident that resulted in serious injury or death
You attempted to flee from the officer while suspected of DUI

A felony DUI charge is severe and carries severe consequences. If convicted, you could be at risk of the following:

Minimum of one to five years in prison
Fines from $1,000 up to $5,000
60 days of community service

Upon conviction, you will also be forced to surrender your license plates, and your driver’s license will be suspended for 10 years. In addition, a felony DUI conviction can do incredible damage to your reputation, as you will carry the stigma of being a convicted felon for years after serving your punishment.

While the stakes are high, there is still hope if you are up against a felony DUI charge. The prosecution still has to prove its case against you and might be over-relying on your prior record or other factors in your case. A Gwinnett County DUI lawyer can evaluate your case and identify potential weaknesses.

Per Se DUI vs. Less Safe DUI in Georgia

Under Georgia law, DUI “per se” and DUI “less safe” are two different ways that the state can prove driving under the influence under O.C.G.A. § 40-6-391.

DUI per se focuses on a specific alcohol level. Under § 40-6-391(a)(5), a person violates the law when the person drives or is in actual physical control of a moving vehicle and has an alcohol concentration of 0.08 grams or more within three hours after driving, when the alcohol was consumed before driving ended. The state does not have to prove actual impairment. For example, if a driver has a 0.09 BAC and is driving normally, the State may charge a DUI per se based on the statutory level.

DUI less safe, on the other hand, focuses on impairment rather than reaching a BAC. Section 40-6-391(a)(1) prohibits driving under the influence of alcohol “to the extent that it is less safe” for the person to drive. The state can use evidence such as weaving, poor balance, slurred speech, an odor of alcohol, failed field sobriety tests, admissions, or other observations. For example, a driver with a 0.06 BAC who is weaving across lanes, has slurred speech, and performs poorly on field sobriety tests could potentially be convicted of DUI less safe.

DUI Charges and License Suspensions in Georgia

One of the most severe consequences of a DUI charge is what can happen to your driving privileges. Even if this is your first DUI, your license is at risk before you are convicted.

Upon being charged with DUI, your license could be subject to an administrative suspension by the Department of Driver Services. When this happens, you have two options:

You can request a hearing to challenge the suspension of your license. You must make this request in writing within 30 days of your arrest.
You can apply for an ignition interlock device.

If you do nothing, your license will be suspended before your DUI case is concluded. Each of the options above carries significant ramifications, so we strongly urge you to discuss your case with a Gwinnett County DUI lawyer before it’s too late.

The administrative suspension is a separate proceeding from your DUI prosecution. Upon conviction, you could receive the following potential suspensions:

First offense: 12-month suspension that may be reinstated after 120 days upon completion of a DUI education course and payment of a $200 reinstatement fee
Second offense: Three-year suspension that may be reinstated after 18 months, and a requirement of an ignition interlock device
Third offense: Your license will be suspended for a minimum of five years, but you may apply for a limited permit after three years
DUI involving injury or death: Three-year suspension with no eligibility for early reinstatement or a hardship license

A Gwinnett County DUI lawyer can help you navigate the complex process of protecting your license or getting it reinstated. First, however, you must act now before it’s too late.

DUI Child Endangerment Charges

If you are charged with a DUI in Georgia while a child is in the car, the situation can become much more serious than a typical DUI. Georgia law allows a person to face an additional child-endangerment charge when they are accused of DUI while transporting a child under 14 years of age. This means you may be dealing with two separate charges instead of just one, which can increase the potential penalties, including fines, probation, community service, and even jail time. A first-time child-endangerment conviction can carry up to 12 months in jail and a fine of up to $1,000, depending on the circumstances.

Each child is considered separately under the law. If a driver is charged with DUI while transporting more than one child under age 14, each child can result in a separate child-endangerment charge.

Those charged with a DUI sometimes do not understand the impact that this might have on custody. A DUI with a child passenger can also create problems outside of the criminal case, especially if custody or visitation is involved in the situation. A family court may consider the circumstances of the DUI when deciding what arrangement is in the child’s best interests. The court could potentially require supervised visitation, alcohol treatment, or other restrictions.

Mistakes to Avoid After a DUI Arrest

There are a number of significant risks that come with a DUI case, but they only become a reality if you are convicted. You have the right to fight these charges, but certain mistakes can upend your case and result in a conviction that could have otherwise been avoided. The following errors are best avoided by relying on the guidance of a skilled DUI defense attorney.

Admitting Guilt

One of the biggest mistakes is admitting guilt to law enforcement. Whether you are speaking with the police after your arrest or representing yourself in court without the help of a Gwinnett County DUI attorney, anything incriminating that you say could devastate your chances of a successful defense. You may think you are simply explaining what happened, but your words can later be used against you. It is usually best to avoid making statements about the facts of your case until you have spoken with an attorney.

Failing To Request an Administrative License Hearing

After a DUI arrest in Georgia, you have only 30 days to request a hearing to contest the suspension of your driver’s license. Missing this deadline can lead to an automatic suspension, regardless of what happens in your criminal case. A Gwinnett County DUI lawyer can help you file this request on time.

Posting Details on Social Media

Avoid discussing your arrest on social media. Posts, comments, or photos can be misinterpreted or used by prosecutors to undermine your credibility. Even innocent comments can be taken out of context or raise unnecessary questions about your case. Friends and family should also avoid posting about your case or tagging you in related content. It’s best to remain silent publicly and let your attorney handle communications.

Delaying Hiring a Lawyer

Waiting too long to hire legal representation can hurt your defense. Evidence can disappear, deadlines can be missed, and your ability to challenge the arrest can weaken. An experienced DUI lawyer can step in quickly to protect your rights and begin building a strategy. The sooner your lawyer can review the circumstances of your arrest, the sooner you can make informed decisions about your case.

Defenses in DUI Cases

While every DUI case is unique, there are two common strategies that attorneys frequently raise. Our firm has successfully challenged the legality of the traffic stop and disputed the accuracy of chemical test results. Let Gwinnett County DUI attorney Gabe Winters review the facts in your case before determining the best possible defense strategy available to you.

Challenging the Stop

One of the strongest possible defense options in a DUI case involves challenging the legality of your police stop. Law enforcement cannot pull you over without a reason. If they do not have a reasonable suspicion that you have committed a traffic violation or other offense, they do not have the right to make a traffic stop. Reasonable suspicion means the officer must have specific facts or circumstances that reasonably suggest a traffic violation or other offense occurred. A hunch or vague suspicion alone generally is not enough to justify a traffic stop.

Any evidence collected following an illegal traffic stop could be barred from trial. This could include a wide range of evidence, from admissions of drinking to failed field sobriety tests. A DUI attorney can determine the best way to challenge the stop.

Challenging the Test

Most of the time, the state’s DUI case is built on the strength of a blood, breath, or urine test. If the government can show that your blood alcohol concentration was .08 or above while driving, they could have enough evidence to secure a conviction.

The good news is that there are ways to keep these test results out of court. An attorney can also review whether the testing equipment was properly maintained, calibrated, and operated according to required procedures. Even seemingly minor errors in the testing process may raise questions about the accuracy or reliability of the results. If your sample was improperly collected, stored, or transported, your attorney may be able to exclude the results from the trial.

Call Gwinnett County DUI Lawyer Gabe Winters Today

DUI cases are prosecuted aggressively and to the fullest extent of the law. Therefore, you need an experienced Gwinnett County DUI lawyer who can help you get a fair result. To discuss your case and your options, contact or email us today to schedule a free consultation.

Frequently Asked Questions

What is the 30-Day Rule, and what do I need to do to save my driver’s license?

In Georgia, you have only 30 days after a DUI arrest to request an Administrative License Suspension (ALS) hearing. The ALS process is separate from your criminal DUI case, so taking action quickly is important even if your DUI charges are still pending. If you fail to request a hearing within that window of time, the state will automatically suspend your driving privileges. A Gwinnett County DUI lawyer will ensure that you do not miss the deadline.

Should I refuse a field sobriety test?

Refusing a roadside field sobriety test is legal, but it can carry risks. Refusing may lead to automatic license suspension under Georgia’s implied consent law and can be used as evidence of guilt. Georgia’s implied consent law means that by driving in the state, you agree to take certain chemical tests for alcohol or drugs if you are lawfully arrested for DUI. However, these tests are often unreliable, and refusing them may prevent damaging evidence from entering your case. Always consult a lawyer afterward.

What are the common defenses in a DUI case?

Common defenses include challenging the legality of the traffic stop, disputing the accuracy or administration of breath and blood tests, questioning the validity of field sobriety results, and arguing a lack of impairment. Your Gwinnett County DUI attorney may also seek to exclude improperly obtained evidence or negotiate a reduction or dismissal of charges.

Can I win a DUI case if I refused to submit to a breath test?

You are required by law to provide a breath test following a DUI arrest, and the failure to do so could lead to additional charges. That said, refusing to provide a sample does not mean winning your DUI case is impossible. In fact, the state can struggle to prove that you were impaired at the time you were pulled over with these test results. A DUI lawyer can dispute the claim that you were impaired.

Can I be charged with DUI for taking prescription medication?

Yes, you can be charged with DUI for driving after taking prescription medication, even when the medication was legally prescribed. A valid prescription does not automatically protect a driver from prosecution. Some medications can cause drowsiness or otherwise affect driving. The person taking the medication is responsible for not driving if taking a medication with those side effects.

As a DUI lawyer will explain to you, Georgia’s DUI law can apply when a person drives while under the influence of a drug to the extent that it is less safe to drive. The circumstances may include the type and amount of medication taken, its effects on the driver, and evidence of impairment. For example, a person prescribed Xanax for anxiety could potentially face a DUI charge if the medication causes drowsiness or slower reactions that impair their ability to drive safely.

What if I was charged with a DUI while underage?

If you were charged with a DUI while underage in Georgia, one of the biggest things to understand is that the BAC limit is much lower for drivers under 21. Georgia can charge someone with a per se DUI based on the results of a breath, blood, or urine test, even if the person did not seem drunk or seriously impaired.

For adults, the per se limit is 0.08 grams, but for drivers under 21, it is only 0.02 grams. This means that even a small amount of alcohol can potentially result in a DUI charge for someone who is underage. In other words, being under 21 can make the legal consequences of drinking and driving much different from those faced by an adult.