In Georgia, your first DUI charge is considered a misdemeanor. A felony habitual violator (HV) charge can occur if you are arrested for three DUIs within five years of your first arrest.

There are two kinds of DUIs in the State of Georgia. If you submit to the breathalyzer test and blow over the legal limit of .08, you will be charged with DUI per se.  DUI per se challenges often focus on the legality of the traffic stop and the accuracy of the breathalyzer test.

Refusing the breathalyzer makes it harder for the prosecution to prove you were legally intoxicated. That results in the second type of DUI, DUI less safe, meaning that the officer observed certain behaviors which indicated that you were intoxicated to the point where it was less safe for you to drive.

DUI less safe requires the prosecution to present evidence that the individual was intoxicated, such as the officer's testimony regarding the odor of the driver's breath and/or glassiness of the eyes. Field sobriety tests are usually conducted on the scene, and the prosecution can also use videotapes of the field sobriety tests as evidence. However, the officer's car may not have been equipped with a video camera, and, even if it was, many times the videotapes are "lost."  Without the tangible breathalyzer results, there are many challenges that can be presented in your defense that can result in either having your charges dismissed or reduced to a lesser offense such as reckless driving.

If the officer takes your license at the time you are arrested, you have 10 days after the date of arrest to request an Administrative License Suspension (ALS) Hearing in order to keep your license pending the outcome of your DUI case. If the letter is not sent within 10 days, your license is automatically suspended, so it is very important to hire an attorney immediately after your DUI arrest.

The DUI laws are constantly evolving and becoming stricter each year, and many employers have policies for termination upon conviction of a DUI.  Because of the risk of losing your license, and possibly your job, it is crucial to have a knowledgeable and experienced criminal defense attorney fighting on your behalf.