Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Sarah Edwards
Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Atlanta is known for its many attractions. Residents and visitors can enjoy great music, dining, bars and clubs in Atlanta.
Unfortunately, that fun sometimes results in drinking and driving. If you are arrested for driving under the influence, you want to be represented by one of the best Atlanta DUI lawyers. This list will help you find one who meets your needs.
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Best DUI Attorneys in Atlanta
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DUI Laws in Georgia
Georgia DUI laws are quite strict. Anyone convicted of a DUI will spend time in jail and pay hefty fines. Defendants facing these charges are unlikely to avoid harsh penalties without an Atlanta DUI lawyer assisting in their defense.
Legal Blood Alcohol Concentration (BAC) in Georgia
Blood alcohol concentration is how alcohol impairment is legally measured. It can be determined with a blood test if that test is administered within a reasonable time after the testee imbibed alcohol. If your blood alcohol concentration is 0.08 or higher, you can be charged with a DUI.
There are also situations where you can be charged with a lower BAC. If you are under 21 years old, then it is illegal to drive with a BAC of 0.02 or higher. Finally, if you are driving a commercial vehicle, driving with a BAC of 0.04 or higher is illegal.
Implied Consent Laws in Georgia
Implied consent is an agreement you made when you got a Georgia driver’s license. It states that if the police suspect you are driving under the influence, they can request that you take a chemical test to prove whether you are impaired and that you have already consented to that test.
Georgia has particularly tough implied consent laws. While you can refuse to take a chemical test, you don’t have the right to consult an attorney before making that decision. Furthermore, the police officer requesting the test can choose whether you take a blood, urine, or breath test. If you refuse to take the test, Georgia will suspend your license for one year, regardless of whether you were driving under the influence.
DUI Penalties in Georgia
Any DUI conviction in Georgia involves jail time, fines, and license revocation. The severity of these penalties depends on how often the defendant was convicted of a DUI within the previous 10 years.
| Number of Offenses | Jail Time | Fine | Community Service | License Revocation |
|---|---|---|---|---|
|
First offense
|
10 days to 12 months
|
$300 to $1,000
|
Minimum of 20 hours
|
12 months
|
|
Second offense
|
90 days to 12 months
|
$600 to $1,000
|
Minimum of 30 hours
|
Three years
|
|
Third offense
|
120 days to 12 months
|
$1,000 to $5,000
|
Minimum of 30 hours
|
Permanent
|
|
Fourth offense and beyond
|
One to five years (prison)
|
$1,000 to $5,000
|
N/A
|
Five years
|
First through third offenses are misdemeanors, while a fourth offense and beyond is charged as a felony. Additionally, while the license revocation on the third offense is officially permanent, drivers may petition to reinstate it as a restricted license after three years.
Finally, there are also increased penalties if there was a passenger in the car under the age of 14 or if the DUI resulted in an accident that injured or killed anyone. In both situations, the driver will be charged with a felony and face prison sentences rather than jail time. The maximum penalty for a DUI that causes a fatality is 15 years in jail and a $100,000 fine.
What to Expect After a DUI Arrest in Georgia
Once the officer determines they have probable cause to arrest you, they will take you to the police station for booking. According to Georgia law, you can only be held for six hours after booking before being released on bail. Once you are released, you will be issued an arraignment date (or one will be sent in the mail).
From the moment you are arrested, you have the right to remain silent and be represented by an attorney. You should protect yourself by taking advantage of both of these rights.
How Can an Attorney Help You?
The sooner you hire a lawyer, the more likely you may be to avoid serious penalties for a DUI charge. Most Atlanta DUI lawyers will first take steps to keep your license from being suspended until your arraignment.
Once that has been dealt with, the primary goal of your DUI attorney is to minimize the penalties you receive from these charges. If possible, your lawyer will try to get the charges dropped or challenge evidence as being wrongly obtained before a trial starts. Getting evidence thrown out can ensure that you won’t be convicted of a DUI charge.
After that, if charges are still pending, they will typically negotiate for a plea deal. Most prosecutors are willing to accept a plea to lesser charges if you don’t have a previous DUI conviction. If negotiation isn’t possible, then your attorney represents you in a trial before a judge or jury.
How to Choose the Best DUI Lawyer in Atlanta, GA
By reading this guide, you are already taking an important step toward finding the right DUI attorney for your case. When reading the bios of these lawyers, consider the following factors and how they will affect your case.
- Prosecutorial experience. DUI lawyers who have previously been prosecutors, especially if they worked in Atlanta, usually have an advantage when defending against DUI charges.
- Past results. What kind of results has the lawyer gotten when defending against DUI charges previously? If this information isn’t available on their website, ask them directly before retaining them.
- Familiarity with field sobriety tests. There are several ways that a Georgia police officer might conduct a sobriety test, and some are more effective than others. An attorney who is trained in this type of testing will usually better represent you against DUI charges.
Methodology
To come up with the best DUI lawyers in Atlanta in , Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Can the fact that I refused to take a chemical test be used against me in court?
No. The Georgia Supreme Court ruled that the refusal to take a chemical test cannot be presented as evidence of guilt. However, even though this can’t be used to prove that you were guilty of a DUI, your license will still be administratively revoked if you decide to refuse the test.
What is an Implied Consent Advisement?
Georgia police officers are required to read or recite the implied consent notice laws to a driver before asking them to submit to testing. This notice advises you of your right to refuse, the penalties for refusing, and your right to request an independent test. If the officer fails to read the consent notice, your test results are inadmissible in court.
How long does a DUI conviction stay on my record?
Any conviction will stay on your criminal record forever. However, when they are determining what level of offense you will be charged with, the prosecution may only count DUI convictions within the last 10 years. Thus, while the prosecution may be aware of earlier DUI convictions, it can’t use that information in court.
