Atlanta DUI Defense Lawyer

If you’ve been charged with driving under the influence (DUI) in Atlanta, your future and driving privileges are at risk. DUI charges in Georgia carry severe consequences, including hefty fines, potential jail time, loss of driving privileges, and a criminal record that can impact your career and reputation. At Arca Law, we understand how devastating a DUI charge can feel. Alejandro Arca, a highly trained, experienced and successful DUI defense attorney, is here to guide you through the legal process and provide an aggressive defense to protect your rights. Contact our office today to get the help you need from a skilled and knowledgeable Atlanta DUI defense lawyer.

Georgia DUI Laws and Penalties

Georgia takes DUI offenses seriously, and penalties can vary based on factors such as your blood alcohol concentration (BAC), whether it’s a first-time or repeat offense, and if any aggravating circumstances are present, such as causing an accident or injury. In Georgia, it is illegal to drive with a BAC of 0.08% or higher for drivers 21 and older, 0.04% or higher for commercial drivers, or 0.02% or higher for drivers under 21. Additionally, it is illegal to drive under the influence of alcohol or drugs to the extent that it is less safe to drive. In other words, you could be arrested for DUI if the police observe signs of impairment that affect your driving, regardless of your BAC.

The penalties for a DUI conviction in Georgia include:

Fines: Up to $1,000 for a first offense
Jail Time: 10 days to 12 months, with a mandatory minimum of 24 hours in jail
Driver’s License Suspension: One year for a first offense, with reinstatement possible after 120 days
Community Service: 40 hours
DUI School: Mandatory attendance at a DUI Alcohol
Drug and Alcohol evaluation
No drugs or alcohol while on probation
Subject to random alcohol and drug screens

Subsequent offenses carry increasingly severe penalties, including longer jail sentences, higher fines, and extended license suspensions. With so much at stake, it is crucial to work with a skilled DUI defense attorney who understands Georgia law and knows how to challenge the evidence against you.

Fighting DUI Charges in Atlanta

At Arca Law, we tailor our defense strategies to each client’s unique situation. When you hire our firm, we’ll thoroughly investigate your case to identify weaknesses in the prosecution’s evidence and determine the best course of action. We examine all aspects of your arrest, including:

Unlawful Traffic Stops: Police must have probable cause to stop you. If the stop was not legal, we may be able to get the charges dismissed.
Faulty Field Sobriety Tests: These tests are often unreliable and can be influenced by factors such as weather conditions, road surfaces, a person’s physical health or a law enforcement officer’s instructions. We can and will challenge their validity.
Breathalyzer Accuracy: Breath tests must be administered correctly and with properly calibrated equipment. We will scrutinize test results for errors.
Blood Test Procedures: If a blood test was taken, we’ll investigate whether the sample was handled and tested correctly, as improper procedures can taint the results.

Our goal is to get the charges against you reduced or dismissed whenever possible. We work closely with our clients, providing honest assessments at the start and ensuring they understand their legal options and the potential outcomes of their cases.

DUI and License Suspension in Georgia

One of the most immediate concerns after a DUI arrest is the potential loss of your driver’s license. Georgia law provides for an automatic license suspension if you refuse the State’s chemical test ( blood, breath or urine). You only have 30 days from the date of your arrest to request an Administrative License Suspension (ALS) hearing with the Georgia Department of Driver Services (“DDS”) to contest the suspension. Failing to act within this window means your license will be suspended for one year.

At Arca Law, we handle the administrative side of DUI cases as well as the criminal side. We will represent you at the ALS hearing to help protect your driving privileges while we build a strong defense for your court case.

Atlanta DUI FAQs

At Arca Law, we understand how stressful and confusing a DUI arrest can be. Georgia’s DUI laws are strict, and the consequences can be severe. Below, we answer some of the most common questions our Atlanta clients ask after being charged with a DUI. If you have other questions specific to your case or need immediate help after an arrest for driving under the influence, contact Arca Law to speak with an experienced and successful Atlanta DUI defense attorney.

What Happens When You Are Arrested for DUI in Atlanta?

When you’re arrested for DUI in Atlanta, the arresting officer will likely ask you to take a breathalyzer test. If your blood alcohol concentration (BAC) is 0.08% or higher, you will be charged with DUI: however, you can also be charged with a DUI if your BAC is less than 0.08%, which is a DUI Less Safe. You will be taken to jail, and your car may be impounded. After the arrest, you will need to appear in court to face your charges.

What Are the Penalties for a DUI in Georgia?

The penalties for a DUI conviction in Georgia vary depending on the circumstances of your case, including whether it’s your first offense or a repeat offense. For a first-time DUI, penalties may include:

A fine ranging from $300 to $1,000
Jail time from 10 days to 12 months, with a mandatory minimum of 24 hours in jail
40 hours of community service
A driver’s license suspension of 12 months
DUI school
Drug and alcohol evaluation
No drugs or alcohol while on probation
Subject to random drug and alcohol screens

For second or subsequent offenses, the penalties increase and may include longer jail time, higher fines, lengthier license suspensions, and a mandatory ignition interlock device. Additionally, any DUI conviction will remain on your driving record for life.

Can I Refuse a Breathalyzer or Field Sobriety Test?

In Georgia, you have the right to refuse both field sobriety tests and breathalyzer tests. However, under Georgia’s implied consent laws, refusing a chemical test can result in an automatic license suspension for one year. Refusing these tests may also be used against you in court. It’s important to contact an experienced Atlanta DUI attorney if you’ve refused a test, as there may be defenses available.

What Is Georgia’s “DUI Less Safe” Law?

Georgia’s DUI Less Safe law allows for a DUI charge even if your BAC is below the legal limit of 0.08%. This law is typically applied when the officer believes that, based on your behavior or driving, you are impaired to the point where it’s unsafe for you to operate a vehicle. Prosecutors do not need to prove that your BAC was above the limit; they only need to demonstrate that your driving was impaired to some degree.

Will I Lose My License After a DUI Arrest?

Yes, your driver’s license can be suspended following a DUI arrest, but you may be eligible to request an Administrative License Suspension (ALS) hearing to challenge the suspension. You only have 30 days after your arrest to request this hearing, so it’s critical to act quickly. Failing to request a hearing or losing your case can result in a license suspension for one year.

How Can a DUI Attorney Help My Case?

A skilled DUI attorney at Arca Law can help you in several ways, including:

Challenging the traffic stop: If the police did not have reasonable suspicion to stop you, your case may be dismissed.
Questioning the validity of sobriety tests: Field sobriety tests and breathalyzer machines can be unreliable. We can investigate whether they were conducted or maintained properly.
Negotiating plea deals: In some cases, we may be able to negotiate a lesser charge, such as reckless driving, to help reduce penalties.
Fighting for your license: We can represent you at your ALS hearing and fight to keep your license from being suspended.

Should I Plead Guilty or Fight the DUI Charge?

Every DUI case is unique, and the decision to plead guilty or fight the charge depends on the facts of your case. It’s always best to consult with an attorney before making this decision. At Arca Law, we will thoroughly review your case, examine all possible defenses, and help you make an informed decision that protects your future.

What Are the Long-Term Consequences of a DUI Conviction?

A DUI conviction in Georgia can have long-lasting consequences beyond fines, jail time, and license suspension. It can affect your ability to:

Secure or maintain employment, especially if your job requires driving
Obtain certain professional licenses
Qualify for affordable car insurance

Additionally, a DUI conviction will stay on your criminal record, which can impact your reputation and future opportunities.

Why Choose Arca Law?

With years of experience defending clients facing DUI charges in Metro Atlanta, attorney Alejandro Arca has a proven record of success. Arca Law knows how to navigate the complexities of Georgia DUI laws and will fight tirelessly to protect your future. We pride ourselves on providing personalized attention to every client, ensuring you receive the best defense possible.

Contact an Atlanta DUI Attorney Today

If you or a loved one has been arrested for DUI in Atlanta, don’t wait. The sooner you contact Arca Law, the better your chances of a favorable outcome. Our Atlanta DUI attorneys are ready to review your case, explain your legal options, and start building a defense strategy to protect your rights. Call us today at 770-800-8100 or contact us online for a free consultation and take the first step toward safeguarding your future.