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Your Georgia DUI Defense Attorneys

Georgia DUI Defense Lawyers

Charged Is Not Convicted. We Don't Back Down.

A DUI arrest can cost you your license, your job, and your freedom — but an arrest is an accusation, not a verdict. Morrison & Hughes attacks the stop, the breath machine, and the State's procedure to protect your record statewide. Every conversation is confidential.

Request a Confidential Case Review Call 404-LAW-TEAM
Confidential, no-judgment consultation
Aggressive, trial-tested defense
6 office locations statewide
⚠ You have just 30 days from your DUI arrest to save your driver's license (O.C.G.A. § 40-5-67.1). Call 404-LAW-TEAM now — don't wait.
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GA DUI Arrests
In 2024 (GA Dept. of Driver Services)
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Alcohol-Related Fatal Crashes
Georgia, 2023 (GOHS / NHTSA FARS)
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Of U.S. Traffic Deaths
Alcohol-impaired, 2023 (NHTSA)
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To Save Your License
ALS deadline (O.C.G.A. § 40-5-67.1)
Aggressive DUI Defense, Statewide

A DUI Charge Is the Beginning of the Fight — Not the End.

The officer who pulled you over was building a case from the first question. Field sobriety tests are designed to be failed. The breath machine is treated as infallible — even when it isn't. And the moment you were arrested, two separate cases started against you at once: a criminal case in court and an administrative case against your license at the Department of Driver Services.

Morrison & Hughes defends people accused of DUI throughout Georgia — from Atlanta and the metro counties to LaGrange. We scrutinize the reason for the stop, the administration of field sobriety tests, the calibration and maintenance of the Intoxilyzer 9000, and whether the implied-consent warning was read correctly. We hold the State to its burden and prepare every case as if it will be tried, because that is how DUI charges get reduced and dismissed.

Every conversation is confidential and protected. There is no judgment here — only a defense team that knows Georgia DUI law cold and does not back down.

Talk to a DUI Attorney
Police traffic stop at night during a Georgia DUI investigation
The Reality on Georgia Roads

Georgia DUI Statistics

The numbers below come from the Georgia Governor's Office of Highway Safety (GOHS), the Georgia Department of Driver Services (DDS), and the National Highway Traffic Safety Administration (NHTSA). They show both a long-term decline in DUI arrests and how seriously Georgia treats impaired driving.

GA DUI Arrests Are Falling

Statewide DUI arrests, 2007 vs. 2024
Source: Georgia Dept. of Driver Services DUI data — arrests fell ~53%, from 41,739 (2007) to 19,497 (2024).

Alcohol-Related Fatal Crashes by Region

Share of Georgia alcohol-impaired fatalities, 2023
Source: GOHS 2023 Impaired-Driving Georgia Traffic Safety Facts — rural 35%, other urban 34%, Atlanta region 31%.

Alcohol's Share of GA Fatal Crashes

Of all fatal crashes in Georgia, 2023
Source: GOHS / NHTSA FARS, 2023 — 433 of 1,491 fatal crashes (≈26%) were alcohol-related.

Escalating Penalties by Offense

Minimum mandatory jail time, DUI 1st–4th (within 10 years)
Source: O.C.G.A. § 40-6-391 mandatory minimums — 1st: 24 hrs · 2nd: 72 hrs · 3rd: 15 days · 4th (felony): 90 days.
How Georgia Charges DUI

The Different Ways You Can Be Charged With DUI in Georgia

Georgia's DUI statute, O.C.G.A. § 40-6-391, covers far more than the "0.08" you've heard about. You can be convicted with no breath test at all — and even drivers under the legal limit can be charged.

DUI Per Se (0.08%)

A driver 21 or older is "per se" DUI with a blood-alcohol concentration of 0.08% or more within three hours of driving — regardless of how they were actually driving.

DUI Less Safe

You can be convicted even below 0.08% if the State claims alcohol or drugs made you a "less safe" driver. No test number is required — which is why these cases turn on the officer's testimony.

Commercial Drivers (0.04%)

Drivers operating a commercial vehicle face a far lower limit of 0.04%, and a DUI can end a CDL career under federal and Georgia law.

Under 21 (0.02%)

For drivers under 21, the limit is just 0.02% — essentially zero tolerance under O.C.G.A. § 40-6-391(k). One drink can mean a conviction and a long suspension.

DUI — Drugs

Illegal drugs, prescription medication, and even lawfully prescribed drugs can support a DUI-drugs charge if the State argues they made you less safe. There is no "legal limit" to fall back on.

Refusal / Implied Consent

Refusing the State-administered chemical test triggers an automatic license suspension under O.C.G.A. § 40-5-55 — separate from the criminal case, with its own 30-day clock.

What's at Stake

Georgia DUI Penalties by Offense

Georgia uses a 10-year lookback: prior DUI convictions in the last ten years (measured by arrest date) stack the penalties. Each offense gets dramatically harsher — and the fourth becomes a felony.

1st Offense · Misdemeanor

First DUI

  • 24 hours to 12 months in jail (24-hour minimum; often probated after time served).
  • Fine of $300–$1,000, plus surcharges, 40 hours community service, and 12 months probation.
  • DUI Risk Reduction ("DUI school") and a clinical evaluation required.
  • License suspended up to 12 months; limited driving permit may be available.

Min jail: 24 hrs · Fine: $300–$1,000

2nd Offense · Misdemeanor

Second DUI (in 10 yrs)

  • 72 hours to 12 months in jail (72-hour minimum that cannot be probated).
  • Fine of $600–$1,000, plus 30 days community service and probation.
  • 3-year license suspension with a 120-day "hard" suspension and ignition interlock.
  • Name, photo, and address published in the local newspaper at your expense.

Min jail: 72 hrs · Fine: $600–$1,000

3rd Offense · High & Aggravated

Third DUI (in 10 yrs)

  • High and aggravated misdemeanor — earned time is sharply limited, so you serve more.
  • 15 days to 12 months in jail (15-day mandatory minimum), fine $1,000–$5,000.
  • Declared a "habitual violator"; 5-year license revocation.
  • 30 days community service; mandatory clinical evaluation and treatment.

Min jail: 15 days · Fine: $1,000–$5,000

4th Offense · FELONY

Fourth DUI (in 10 yrs)

  • A fourth DUI within 10 years is a felony under O.C.G.A. § 40-6-391.
  • 1 to 5 years in prison (90-day mandatory minimum) and a fine of $1,000–$5,000.
  • Loss of certain civil rights and a permanent felony record.
  • Habitual-violator status and long-term license revocation.

Up to 5 yrs prison · Felony record

30Days

Two Cases, One Deadline You Cannot Miss

Beyond the criminal charge, the State moves to suspend your license administratively (the ALS process). Under O.C.G.A. § 40-5-67.1, you have only 30 days from your arrest to request a hearing — or to elect installation of an ignition interlock device limited permit. Miss it and your license suspension is automatic, no matter how strong your criminal defense is. This is the single most time-sensitive part of any Georgia DUI.

How We Fight

How We Challenge a Georgia DUI

A DUI is not a foregone conclusion. The State has to prove every element beyond a reasonable doubt — and each step of a DUI investigation is a place where their case can break down.

Attack the Stop

An officer needs reasonable, articulable suspicion to pull you over. If the stop was pretextual or unsupported, everything that followed — the tests, the arrest, the breath result — can be suppressed.

Challenge Field Sobriety Tests

The "standardized" field sobriety tests (HGN, walk-and-turn, one-leg stand) are notoriously unreliable, affected by nerves, footwear, medical conditions, and roadside conditions. We dissect how they were administered and scored.

Challenge the Intoxilyzer 9000

Georgia's breath machine must be properly maintained and operated. We demand inspection logs, the 20-minute observation period, and proof the two samples agreed within 0.020 — any failure can render the result inadmissible.

Scrutinize Implied Consent

The implied-consent warning (O.C.G.A. § 40-5-67.1) must be read accurately and at the right time. A defective or untimely reading can keep the State's chemical test out of evidence entirely.

Protect Your License (ALS)

We file the 30-day ALS appeal immediately and fight the administrative suspension in parallel with the criminal case — often using the hearing to gain leverage over the entire prosecution.

Negotiate & Try the Case

Prosecutors offer better outcomes to defendants who are trial-ready. We pursue reductions to reckless driving where appropriate, diversion where available, and we try the case to a jury when the State won't be reasonable.

Confidential Case Review

Request a Confidential Case Review

Tell us about your DUI arrest. Your message goes straight to our defense team and is protected and confidential. A Morrison & Hughes attorney will reach out promptly — no judgment, no obligation. Remember: you may have only 30 days to protect your license. If your situation is urgent, call 404-LAW-TEAM now.

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Thank you for trusting Morrison & Hughes. Your information is confidential. A DUI defense attorney will review what you've shared and contact you promptly to discuss your options and the 30-day license deadline.

Need to talk now? Call 404-LAW-TEAM — we're available 24/7 after an arrest. Until you speak with us, exercise your right to remain silent.
Know the Statutes

Georgia DUI Law: The Statutes That Decide Your Case

DUI is governed by a tight web of Georgia statutes — the offense itself, the implied-consent rules, the deadlines, and the limits on clearing your record. Understanding them is the difference between losing your license by default and keeping it.

O.C.G.A. § 40-6-391

The DUI Offense

Makes it illegal to drive under the influence of alcohol or drugs to the extent it is "less safe," or with a BAC of 0.08% (21+), 0.04% (commercial), or 0.02% (under 21). Also defines the escalating 1st–4th offense penalties and the 10-year lookback.

O.C.G.A. § 40-5-55

Implied Consent

By driving in Georgia, you are deemed to have consented to State-administered chemical testing of blood, breath, or urine when lawfully arrested for DUI. Refusal triggers an administrative license suspension independent of the criminal case.

O.C.G.A. § 40-5-67.1

30-Day License Deadline (ALS)

After a DUI arrest, you have just 30 days to request an administrative license suspension hearing — or elect an ignition interlock device limited permit. Miss the deadline and your license is suspended automatically.

O.C.G.A. § 40-6-392

Chemical Test Requirements

Sets the rules for admitting breath, blood, and urine results — including proper machine maintenance, the operator's permit, the 20-minute observation period, and the requirement that two breath samples agree within 0.020. Violations can exclude the test.

O.C.G.A. § 42-8-60 et seq.

First Offender — But Not for DUI

Georgia's First Offender Act lets many defendants avoid a conviction — but DUI is specifically excluded. A DUI conviction sticks, which is why fighting the charge itself, or reducing it, matters so much.

O.C.G.A. § 35-3-37

DUI Cannot Be Restricted/Expunged

Georgia replaced "expungement" with record restriction — but a DUI conviction is not eligible to be restricted or sealed. A conviction is permanent and visible on background checks, making the defense of the original charge critical.

Your First 24–72 Hours

What to Do After a DUI Arrest in Georgia

What you do in the first days after a DUI arrest can decide both your license and your case. The clock on your license is already running.

1. Stay Silent

You have the right to remain silent — use it politely. Don't try to "explain" the situation to the officer or the prosecutor. Anything you say can be used to build the State's case.

2. Find Your Form 1205

If your license was taken, look for the DDS Form 1205 (the notice of suspension). It starts the 30-day clock. Don't lose it — bring it to your attorney immediately.

3. Calendar the 30 Days

Under O.C.G.A. § 40-5-67.1 you have 30 days to act on your license. This is separate from your court date and far sooner. Missing it forfeits your driving privileges by default.

4. Write Down Everything

While it's fresh: where and why you were stopped, what tests you were asked to do, what the officer said, what you ate or drank, and any medical conditions. Details win DUI cases.

5. Don't Plead at Arraignment

Pleading guilty early throws away every defense. Many DUIs can be reduced or dismissed — but only if you preserve your rights and let counsel review the evidence first.

6. Call Morrison & Hughes

The sooner we're involved, the more we can do — preserving video, requesting maintenance records, and filing the ALS appeal before the deadline runs.

Common Questions

Georgia DUI FAQs

How long do I have to save my driver's license after a Georgia DUI?
Just 30 days from the date of arrest. Under O.C.G.A. § 40-5-67.1, the Department of Driver Services moves to suspend your license administratively (the ALS process). Within 30 days you must either request a hearing or elect an ignition interlock device limited permit. This deadline is completely separate from — and much earlier than — your criminal court date. Miss it and your suspension becomes automatic, even if you ultimately win the criminal case. Call us immediately.
Can I be convicted of DUI if I was under 0.08%?
Yes. Georgia recognizes "DUI less safe" under O.C.G.A. § 40-6-391, which requires no specific BAC number at all — only proof that alcohol or drugs made you a less safe driver. Drivers under 21 face a 0.02% limit, and commercial drivers a 0.04% limit. Because "less safe" cases rest heavily on the officer's testimony and field sobriety tests, they are often very defensible.
Should I have refused the breath test?
It's complicated. Refusing the State-administered test triggers an administrative license suspension under O.C.G.A. § 40-5-55, but it also denies the State a chemical number to use against you. The roadside handheld device (Alco-Sensor) is different — its result is only admissible to show probable cause, not your actual BAC. There is no one-size answer; what matters now is filing your ALS appeal within 30 days and letting an attorney evaluate the full picture.
How can a DUI breath test be challenged?
Georgia's Intoxilyzer 9000 must be properly maintained and operated to be admissible under O.C.G.A. § 40-6-392. We demand the device's inspection and service logs, verify the mandatory 20-minute observation period, and check that the two breath samples agreed within 0.020. We also examine the operator's permit and factors like medical conditions, GERD, mouth alcohol, and rising BAC. Any breakdown can render the result inadmissible.
What is the 10-year lookback and why does it matter?
Georgia counts prior DUI convictions within a 10-year window (measured by the dates of arrest) to determine whether your current charge is a first, second, third, or fourth offense. The penalties escalate sharply: a third becomes a high and aggravated misdemeanor, and a fourth within 10 years is a felony. Older priors outside the window still affect sentencing in some respects, so an accurate history is essential to your defense.
Can a DUI be expunged or removed from my record in Georgia?
No. A DUI conviction cannot be expunged, restricted, or sealed in Georgia (O.C.G.A. § 35-3-37), and DUI is excluded from First Offender treatment (O.C.G.A. § 42-8-60). A conviction is permanent and shows up on background checks for life. That is precisely why it is so important to fight the charge — by seeking suppression, a reduction to reckless driving, or a dismissal — before a conviction is ever entered.
How much does it cost to hire Morrison & Hughes for a DUI?
Your initial consultation is free and completely confidential. Criminal defense, including DUI, is handled on a flat or structured fee tailored to your case — not a contingency. We'll explain exactly what your defense involves and what it costs before you commit to anything. There is no risk and no judgment in calling to find out where you stand.
From the Morrison & Hughes Blog

Georgia DUI Resources

Straight answers about Georgia DUI law from attorneys who defend these cases every day. Read these before your court date — and before you talk to anyone about your case.

Your Rights

What to Do and Say During a Georgia Traffic Stop

What to do — and say — when you're pulled over, how to protect your rights at the roadside, and the mistakes that give police leverage.

Read article →
DUI-Drugs

Weed, CBD & Your Rights in Georgia

Odor, consent, and the truth about weed and CBD stops — what police can and can't do, and how an illegal search gets evidence thrown out.

Read article →
After Arrest

What Happens After You're Arrested in Georgia

Your rights in the first hours after an arrest, what to expect at booking and first appearance, and why what you say early can shape the whole case.

Read article →
Bond & Bail

Bail, Bond & Beyond: The Criminal Court Process Explained

How bail and bond work in Georgia, what judges weigh when setting it, and how to get a loved one released as quickly as possible.

Read article →
Defense 101

How to Choose a Criminal Defense Lawyer — and Win Your Case

What actually separates a strong defense from a weak one, and how to choose the attorney who can protect your record and your license.

Read article →
More Articles

Visit the Morrison & Hughes Blog

More straight-talking guides on Georgia criminal law, your rights, and how to fight the charges you're facing.

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Service Areas: Find Your Local Georgia DUI Lawyer

Six office locations across Georgia. We defend DUI charges statewide.

Marietta Alpharetta & Roswell Decatur Hiram Fayetteville LaGrange All Service Areas

Related Practice Areas

Practice Area

Serious Driving Offenses

Vehicular homicide, habitual violator, reckless driving, hit-and-run, and fleeing — the high-stakes traffic crimes that often travel with a DUI charge.

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Practice Area

Drug Possession

DUI-drugs often arrives alongside a possession charge. We attack illegal searches, lab error, and constructive-possession theories under Georgia's Controlled Substances Act.

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Practice Area

Criminal Defense

Our full criminal defense practice — misdemeanors to felonies — built on attacking the stop, the search, and the State's proof while protecting your record and your freedom.

Learn more →

Arrested for DUI in Georgia? Don't Wait — the Clock Is Running.

Free, confidential consultation — 24/7. We'll listen without judgment, explain the 30-day license deadline, and tell you how we'll fight your case. Your record, your license, and your freedom are worth defending.

404-LAW-TEAM

(404-529-8326)

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