PATTERSON MOORE BUTLER
ATTORNEYS & MEDIATION
attorney cumming ga

DUI Lawyer

Georgia law provides that your consent must be given prior to an officer conducting field sobriety test or a warrantless search of your person, belongings, or automobile.

Your refusal to consent to the field sobriety test and/or the portable preliminary breath test may cause the officer to take you into custody. You will be tested by a far more accurate and reliable breathalyzer at the police station. Upon completion of the station-house breathalyzer test, you may demand an independent blood test by the hospital of your choice (within reason). Refusal to consent to the station-house breathalyzer test will cause your driving privileges to be revoked for one year.

Call me at the earliest possible moment as the more time we have to prepare your defense, the stronger your position will be.

Refusing Consent to Preliminary Test

Preliminary Breath Test vs. Breathalyzer Test

A breath alcohol test that is conducted on the road after having been pulled over by a police officer is known as a preliminary breath test. You may refuse or give consent to the preliminary breath test and the field sobriety test. No one should take part in a test they will fail. Instead, refuse the testing and call us at your earliest opportunity.

A chemical breath test that is conducted at the police station after you’ve been arrested is known as a Brethalyzer test. This test may also be refused but your license will be revoked by doing so. We will work to return your driving privileges sooner or possibly to have the case dismissed.

Child Endangerment

Child endangerment is a considered a separate offense when driving under the influence with children in the car. You may face one charge per child in the car. These charges are filed in addition to the DUI charge.

Is DUI a Felony?

A driver can be charged with a felony offense under any of these conditions:

  • 4th DUI within 10 years
  • Attempting to evade a police officer while driving under the influence
  • Causing serious injury or death to another person (including an unborn fetus)
dui lawyer cumming ga

DUI Penalties in Georgia

If you are convicted of DUI by a judge, he will determine the fine and necessary jailtime based upon the following statutory guidelines.

1st Offense 2nd Offense 3rd Offense
Jailtime 10 days to 12 months 90 days to 12 months 120 days to 12 months
Fine $300 to $1,000 $600 to $1,000 $1,000 to $5,000
Community Service 20 hours (minimum), 40 hours if BAC (blood alcohol content) was 0.8% or more 30 days (minimum) 30 days (minimum)
License Suspension 12 months 18 months 60-month revocation

Georgia’s Implied Consent Law

The implied consent law states that when you register and obtain a Georgia driver’s license, you agree to give a blood, breath or urine sample to the police after you have been arrested for DUI. The sample will be used to measure your blood alcohol level and prior to July 1st, 2017, refusing this test resulted in an automatic one-year suspension of your driver’s license. The suspension is classified as a hard suspension, meaning no limited permit can be obtained within that year.

A new implied consent law effective July 1st, 2017 allows you to refuse the testing, forego an administrative hearing and install an ignition interlock device on your vehicle. The IID is a machine that connects to your car’s ignition system and forces you to blow into the device before you can start the car. The device tests your blood alcohol content level and if it determines that you have been drinking, the car will not start.