JLA Law Group

DUI Defense in Georgia: Protect Your License and Your Future

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A DUI charge in Georgia can change your life. The consequences include jail time, fines up to $5,000, license suspension, mandatory community service, and a permanent criminal record. In Gwinnett County, DUI charges are prosecuted in State Court by prosecutors who pursue convictions aggressively. At J. Lee & Associates, we know the Gwinnett courts and build strong defenses to protect your freedom and your license.

It is illegal to drive in Georgia with a BAC (blood alcohol content) of 0.08% or higher under O.C.G.A. § 40-6-391. For commercial drivers, the limit is 0.04%, and for those under 21, it is 0.02%. But a DUI does not require being over the legal limit. Police can arrest you for DUI if they determine you were a less safe driver due to alcohol, drugs, or any intoxicating substance, including prescription medications.

If you are not a U.S. citizen, a DUI carries potentially devastating immigration consequences. Multiple DUIs can be classified as evidence of a lack of good moral character under INA § 101(f), affecting naturalization applications, adjustment of status, and DACA renewals. A DUI with aggravating circumstances (accident with injuries, extremely high BAC, minors in the vehicle) can have even more severe consequences. Our team handles both the criminal defense and the immigration implications.

Steps You Should Take

1

Call (770) 609-9396 Within 24 Hours

The 30-day clock for the license hearing starts from your arrest. Do not wait. You need an attorney who will act immediately to protect your driver's license.

2

Do Not Discuss the Case

Do not discuss the details of your arrest with anyone except your attorney. Do not post anything on social media. Any statement can be used against you by the prosecution.

3

Document Everything

Write down everything you remember about the arrest while it is fresh: where you were, how much you drank, how you felt, what the police told you, and whether they read you your rights. These details can be critical to your defense.

4

Disclose Your Immigration Status

If you are not a citizen, inform your DUI attorney about your immigration status immediately. The criminal defense strategy must be coordinated with protecting your status to avoid immigration consequences.

Frequently Asked Questions

What are the penalties for a first DUI in Georgia?
First DUI: fine of $300-$1,000, jail time of 10 days to 12 months (minimum 24 hours), license suspension up to 12 months, 40 hours of community service, and a mandatory alcohol/drug evaluation program under O.C.G.A. § 40-6-391(c). Effective negotiation can significantly reduce these penalties.
Do I only have 30 days to save my license?
Yes. After a DUI arrest in Georgia, you have exactly 30 days to request an administrative hearing before the DDS (Department of Driver Services) under O.C.G.A. § 40-5-67.1. If you do not act within 30 days, your license is automatically suspended. Call an attorney immediately after the arrest.
Can I challenge the breath test?
Yes. Breath tests (Intoxilyzer 9000) can have errors due to incorrect calibration, improper administration, medical conditions (acid reflux, diabetes), and other factors. Blood tests can also be challenged based on chain of custody and laboratory procedures.
What happens if I refuse the breath test?
Georgia has an implied consent law (O.C.G.A. § 40-5-55). Refusing the test results in an administrative license suspension of one year. However, the refusal also means the prosecution has no direct BAC evidence, which may strengthen your defense.
Does a DUI affect my immigration case?
A simple DUI is generally not a direct cause of deportation, but it can affect the good moral character requirement for naturalization and DACA. Multiple DUIs or a DUI with aggravating factors can have severe immigration consequences. We always evaluate the immigration impact.

Applicable Laws

O.C.G.A. § 40-6-391Georgia DUI law: BAC limits, penalties for first, second, and third offenses.
O.C.G.A. § 40-5-67.1Administrative license hearing: 30 days to request after DUI arrest.
O.C.G.A. § 40-5-55Implied consent: obligation to submit to chemical tests and consequences of refusal.
O.C.G.A. § 40-6-391(c)Graduated DUI penalties: first, second, and third offense within 10 years.

Related Services

Cargos de DrogasDefensa CriminalViolaciones de TránsitoDefensa CriminalDefensa contra DeportaciónLey de Inmigración

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1250 Tech Dr, Suite 240

Norcross, GA 30093

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