If you have been charged with Driving Under the Influence (DUI) in the state of Georgia, you are at risk for harsh punishments, including thousands of dollars worth of fines, loss of license, and even incarceration. Because so much is at stake, it is important to choose a defense attorney who has a thorough understanding of the law, as well as familiarity with the prosecutors and the local courts. The dedicated legal team at Albright, Houtsma & Clark has successfully defended individuals against charges of DUI, and we have the experience and skill necessary to ensure that you receive the best defense available. We always conduct thorough investigations into all charges, and we are intimately familiar with the laws that govern this area of litigation.

Though we recognize that each DUI case is unique, we have provided a brief overview of what typically happens throughout the process of a DUI arrest and immediately following.

1. Traffic Stop and Investigation

   Usually, the process begins when an officer pulls over a suspect for a routine traffic violation. This traffic violation could be alleged weaving, speeding, failure to obey traffic signals, or any other offense. When the officer sees and speaks to the suspect, he claims that he notices symptoms of intoxication, such as watery or bloodshot eyes, an odor of alcohol on the suspect or in the car, a flushed face, and/or slurred speech. Often, the suspect will admit to having consumed some alcohol that day. At this point, the officer begins a “DUI investigation”. He asks the suspect to get out of the vehicle, and performs a series of field sobriety tests. These tests can include requiring the suspect to do things such as stand on one foot for a specified amount of time, walk in a straight line, or other balance and coordination tests. The officer may then ask the suspect to blow into a handheld machine which gives an estimate of the suspect’s blood alcohol content (BAC). Though blowing into this device is voluntary, often officers fail to fully express to the suspect that he or she has a choice to refuse.

2. The DUI Arrest

   The officer will claim that the suspect performed poorly on the field sobriety tests. Also, the suspect’s reading on the BAC machine may be over the legal limit. From this, the officer will form the opinion that the suspect is over the legal limit, and that the suspect’s ability to operate a motor vehicle is impaired. At this point, the officer arrests the suspect for DUI and takes him or her to the police station for a chemical test.

   Once at the police station, the suspect can choose between a breath test or a blood test, but must submit to one of them. If the suspect selects a breath test, the results are available immediately, though the officer does not always immediately reveal them to the suspect. If the suspect opts for a blood test, the blood sample is sent to a crime lab for an analysis, and the results may not be available for several days.

   Following the blood alcohol test, the suspect is booked and later released- either on bail or on a written promise to appear in court on a specified date. The officer then writes an official report of the arrest and sends it to the prosecutor’s office. The prosecutor decides what criminal charges, if any, to file.

3. Hiring an Attorney

   Once in DUI court, there are three options for representation: self-representation, being assigned to a public defender, or hiring a private attorney. Self-representation is usually not a good strategy. DUI charges, because they are a specialized and technical matter, should be dealt with by an experienced individual who knows the system.

   Public Defenders, despite some popular perceptions, are generally excellent and dedicated lawyers. However, because of their heavy case load, a public defender is usually unable to devote the amount of time, resources and energy to a specific case that a private attorney can. Also, one must financially qualify for the services of a Public Defender.

   Hiring a good private DUI attorney has several advantages. The private attorney should always conduct a thorough investigation into your individual case, and have the time to meet with you personally and discuss options and strategy. Private attorneys who specialize in DUI defense often have valuable experience and know which strategies are effective. Additionally, private DUI defense attorneys strive to expertly handle their cases because their own reputations are at stake.

If you decide that a private attorney is right for your DUI defense, the lawyers at Albright, Houtsma & Clark, LLC are prepared to handle your case in any county throughout Georgia. We will quickly and confidently build a defense suited to your unique circumstances, so that we can achieve the best result possible.

Frequently Asked Questions:

1. Q-What are the blood alcohol content (BAC) limits in Georgia?

   A- For drivers 21 and over, the “per se” (unlawful) limit is 0.08 percent. For drivers under 21, the limit is 0.02. For commercial drivers, the limit is 0.04.

2. Q- Does Georgia have any form of revocation or suspension of a license for an individual who submits to a BAC test and is found to be over the legal limit?

   A- Yes, Georgia has a license suspension of one year for a first offense DUI, subject to early reinstatement upon completion of DUI school. The suspension takes place automatically thirty days after arrest, unless a hearing is requested during the ten days following arrest. (Ten Day Rule, see below)

3. Q- Does Georgia have any form of revocation or suspension of a license for an individual who refuses to submit to a blood alcohol test?

   A- Yes, there is a one year suspension period, without the possibility of early reinstatement or work permits. The Ten Day rule also applies here.

4. Q- What is the Ten Day Rule?

   A- Lawmakers in Georgia have recently toughened some DUI laws. Now, if charged with DUI in Georgia, you have ten days to request a special hearing. Failure to request this hearing may result in a yearlong suspension of your license. The Ten Day Rule applies to you if:

   • You refused to take the BAC test
   • You are over 21, you took the BAC test, and your BAC was 0.08 percent or higher
   • You are under 21, you took the BAC test, and your BAC was 0.02 percent or higher
   • You have a commercial driver’s license (CDL) and were operating a commercial vehicle at the time of your arrest, and your BAC was 0.04 percent or higher

5. Q- What are the penalties for DUI in Georgia?

   A- If this is your first DUI offense in five years, the penalties include:

   • $300-$1000 fine
   • Twenty –four hour mandatory jail sentence, with a potential 10 day to12 month sentence
   • Twelve months probation, less any jail time served
   • Minimum of forty hours community service (the minimum is twenty hours if you are under 21)
   • Suspension of license for a year, with the possibility of early reinstatement after 120 days with the completion of DUI school (for those under 21, suspension lasts for either six months (under a 0.08 BAC) or one year (0.08 BAC, or higher) )
   If this is your second DUI offense in five years, the penalties include:
   • $600-$1000 fine
   • Three day mandatory jail sentence, with a potential 90 day to 12 month sentence
   • Twelve months probation, less any jail time served
   • Thirty days of community service
   • License suspension period of three years, with possibility of reinstatement after 18 months
   • Confiscation of license plates on all vehicles registered to offender
   • Publication in local newspaper of photograph, name address, as well as the time and date of your arrest
   If this is your third DUI offense in five years, the penalties include:
   • $1000-$5000 fine
   • Fifteen day mandatory jail sentence, with a potential 120 day to 12 month sentence
   • Twelve months probation, less any jail time served
   • Thirty days of community service
   • License suspension period of five years, with possibility of reinstatement after two years. If early reinstatement is allowed, an ignition interlock device is then required for an additional six months.
   • Confiscation of license plates on all vehicles registered to offender
   • Publication in local newspaper of photograph, name address, as well as the time and date of your arrest