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First Offense DUI: Georgia DUI Laws & DUI Penalties in GA

GA First Offense DUI Lawyer Cory Yager

By: GA DUI attorney and former DUI task force Police Officer, Cory Yager

Following their DUI arrest, and being placed in handcuffs, citizens facing a 1st offense DUI in GA begin a Google search. The person often asks, “Is a DUI a criminal offense?” The answer should be obvious since handcuffs mean “criminal” charges. This question and about a dozen more are answered below.

Some, in disbelief that they were jail, will research questions like is a DUI a felony in GA,” or “do you get arrested for DUI in Georgia,” since they are appalled at their handcuffing and jail time treatment. They want to know if all DUI arrests near me, so see if they were singled out, by their arrest.

The potential clients who call our law offices near me are seeking information on what happens for your first DUI offense or asking about penalties for first DUI charges, such as “DUI jail time.” They see the criminal offense statute, “OCGA 40-6-391” on their traffic citation and look up information about a possible license suspension, and check to see if they must install an ignition interlock device.

GA DUI 30 Days to Get License Back

Others (who declined a post-arrest Intoxilyzer 9000 breath alcohol test), ask “can you be convicted of DUI without a breathalyzer test?” Some arrestees are asked to agree to a blood extraction will search for answers to questions like, “Can police collect a DUI blood test after 2 hours?”

By using online searches such as, “what is the punishment for a DUI,” or Georgia DUI penalty,” or for “criminal defense attorneys near me,” random snippets of information are gathered. Often, the Web visitor will find too much information on a first DUI in Georgia.

More Information about the Georgia DUI Statute and What DUI Laws in GA Cover

The crux of GA DUI laws is this phrase: “a person shall not drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive.” When you speak with our DUI attorneys near me, they will ask whether you blew into an alcohol breath testing device after arrest and blew “over the legal limit.”

This type of criminal law violation is chargeable regardless of whether a breath test or a blood sample is collected. Plus, this type of DUI test detects both blood alcohol and any drugs in your system.

Those in GA who are facing DUI charges first offense, must realize (however) that some Georgia courts are very hostile places to be defending a driving under the influence charge. For your first DUI conviction you will have to attend risk reduction school at a Georgia DUI school, plus hours of community service, and be on probation for at least a year, but ONLY if convicted. Penalties for your first DUI conviction include one more very harsh and lasting consequence: a lifetime criminal record for drunk driving that can never be expunged.

This page does not address felony DUI questions. To learn more about felony convictions on a 4th DUI within 10 years, go to our special page to learn about the state prison time that is possible. Plus, read about the draconian loss of driving privileges that follows a fourth offense DUI (or subsequent drunken driving conviction) within ten years.

First Offense DUI Georgia

For a First Conviction of DUI What is the Penalty in Georgia?

Punishments for a DUI in Georgia first offense is a very common search. The dominant theme is DUI first offense jail time, to see how much more time the accused driver may have to spend behind bars. In the COVID era, who wants to risk being put into a crowded detention center for recent DUI arrests near me?

Jail time for a first offense DUI can vary greatly. Factors like whether a car accident occurred, and behavior toward police officers can make a difference. Plus, depending on the criminal court before which your charges are pending, extreme high-speed driving of 100+ MPH may cause a jail sentence, even if the DUI is reduced.

Start with the understanding that jail time occurs in most DUI first offense cases. The GA DUI statute mandates twenty-four hours in jail when a forensic blood alcohol or Intoxilyzer breath alcohol level reveals 0.08 grams % or more. Among the important legal services of a DUI lawyer near me is to not have to return to jail, beyond the hours you served after your arrest for DUI in GA.

A first offense DUI conviction can result in a much more deleterious consequence: a lifetime DUI on your criminal history. This question is often followed by a related inquiry, such as “can a first offense DUI be dismissed?” That answer is yes, but our lawyers for DUI near me are more likely (in a first offense DUI plea bargain) to achieve a reduction of criminal charges on a first DUI in Georgia.

How much does a DUI cost over ten years? Others look for cost of a DUI or the name of the best DUI attorney nearby. Some with DUI arrests last night may have had a DUI over 10 years ago, and happily find that their new DUI less safe GA crime is again considered to be a DUI 1st offense.

Will it help me in court if I already obtained my certificate of completion for DUI classes? Not necessarily, but in most of our DUI cases, where a reduction of charges is negotiated, completing DUI school will be a condition of your Judge’s sentencing. To review a DUI penalties chart for DUI 1st offense and all other offenses, go to this GA DUI penalties chart.

What jobs can you get with a DUI conviction? No list exists, but (in general) the higher security jobs will be difficult (if not impossible) to secure. The military is not keen on enlisting someone with a DUI, but if all probation is over, this can occur. Rideshare services ban you from their list of eligible drivers for about 7 years, or more.

DUI Lawyer Bubba Head Author List of Books

Which Legal Team in metro Atlanta knows how to get out of a DUI first offense?

Can my arrest record be expunged if I am charged with DUI but not convicted? NO. A DUI conviction in Georgia stays on your record for life, in the Peach State. Therefore, the first offense DUI lawyer cost is secondary to winning, through getting charges reduced or by your attorneys for DUI obtaining a nolle prosequi (dismissal).

Partner William C. Head literally wrote the book on Georgia DUI laws in 1995. Partner Larry Kohn has more than 500 5-star client attorney ratings with just AVVO, not to mention Google lawyer ratings.

Our three legal professionals are all Super Lawyers and provide a FREE consultation to review your pending charges. Our advice is to call immediately after arrest, since only 30 days after your arrest date are available to SAVE YOUR RIGHT TO DRIVE.

GA DUI Lawyers Cory Yager, Bubba Head, and Larry Kohn (83 Years combined experience,)

With a free lawyer consultation, what do you have to lose? Call today and get targeted advice from legal book authors who are also award-winning DUI attorneys with over 83 collective years of DUI defense, for well over 10,000 clients. On top of all these credentials, William C. Head is Georgia’s only Board Certified DUI defense attorney who is also a NACDL Life Member and GACDL Life Member.


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5600 Roswell Rd
Building H, #210
Sandy Springs, GA 30352
(404) 567-5515
235 Peachtree Street NE
Suite 400
Atlanta, GA 30303
(404) 567-5515
in Cobb County, GA:
109 Anderson Street
Suite 103
Marietta, GA 30060
(888) 274-6288
in North Fulton County, GA:
33 S Main St
Suite 302
Alpharetta, GA 30009
(844) 867-2889