Georgia DUI Lawyer | DUI Defense Guides

Georgia DUI Defense: What You Are Facing and Where to Start

A DUI arrest in Georgia starts two separate cases on the same night. One is the criminal charge that brings you to court. The other is an administrative case over your driver’s license, handled by the Department of Driver Services on its own timetable. People who focus only on the court date are often surprised when the license side moves first.

This page is the starting point for our Georgia DUI material. Below you will find the statute that defines the offense, a short explanation of how the two cases fit together, and an index of our guides on charges, chemical testing, license consequences, ignition interlock, and hiring a lawyer.

Kohn & Yager, LLC handles DUI cases across metro Atlanta and north Georgia. Larry Kohn, Cory Yager, and Bubba Head have spent their careers on impaired driving cases, and Cory Yager worked as a police officer before he became a defense attorney. Every case is different, and nothing on this page predicts what will happen in yours.

What Georgia Law Actually Prohibits

Georgia’s DUI statute is O.C.G.A. § 40-6-391. It covers more ground than most people expect. A driver can be charged for being under the influence of alcohol, of a drug, of a toxic vapor, or of a combination of those, to the extent that it is less safe for that person to drive. That is the “less safe” theory, and it does not require any specific test number.

The statute also sets per se limits, meaning the number alone supports the charge. The limit is 0.08 grams for drivers 21 and over, 0.04 for a commercial motor vehicle, and 0.02 for a driver under 21. A separate provision covers marijuana or a controlled substance present in blood or urine, including metabolites, whether or not alcohol is involved.

Penalties climb with each conviction inside a ten-year window measured from arrest dates. A first or second conviction is a misdemeanor, a third is a high and aggravated misdemeanor, and a fourth or later conviction inside that window is a felony. Georgia also counts a plea of nolo contendere as a conviction for this purpose, which catches people who assumed a no-contest plea kept the slate clean.

The License Case Runs on Its Own Clock

If you took a chemical test and the reading was over the limit, or if you refused testing, the officer likely served you a notice about your license at the scene or at the jail. That notice starts a short deadline, counted in days rather than weeks, to respond and protect your driving privileges. Missing it can cost you the license before the criminal case is ever called. This is the single most time-sensitive thing to ask a lawyer about after a DUI arrest.

Georgia DUI Guides

Charges, Penalties, and Court

Testing, Your License, and Ignition Interlock

Working With a DUI Lawyer

Talk to a Georgia DUI Lawyer

If you were arrested for DUI in Georgia, the useful first step is a conversation about the specific facts: what the officer wrote, whether you tested or refused, what the reading was, and what the notice you were handed says. Consultations are free.

Call 404-567-5515 or use our contact page to reach Kohn & Yager, LLC. If you are close to a license deadline, say so when you call.

Criminal Defense Matters

Georgia DUI Lawyer: DUI Charges, Penalties, and Defense