DUI Defense
 About Us
At Coleman Legal Group, LLC our DUI attorneys are dedicated to defending clients across the Atlanta metro area who have been charged with driving under the influence. A DUI arrest is an alarming and unexpected reality. Whether you are facing charges for a typical DUI offense, an underage DUI offense, or a commercial DUI offense, Coleman Legal Group's DUI lawyers can provide you with the level of attention, dedication, and service you need to increase your chance of achieving a winning outcome.
If you are arrest for DUI it is very important to contact an attorney immediately. After you are arrested for DUI in Georgia, the administrative license suspension appeal has to be done by creating a TIME LIMITED written request asking for a hearing on the awaiting driver’s license suspension. This process must be completed within ten business days following your DUI arrest. The Georgia Department of Driver Services has to get the letter by the tenth business day. Call us at 770-609-1247 to speak with a DUI lawyer to see what we can do to prevent you from losing your license now.
A DUI conviction can impact almost every aspect of your life. If you have been arrested on DUI charges in Atlanta, do not go through this process alone. Coleman Legal Group, LLC can help you through this difficult time in your life. Our DUI lawyers will fight vigorously to defend your rights and negotiate aggressively to have your charges reduced or dismissed.
If you have been arrested for a DUI, you need a DUI attorney who is truly devoted to serving your needs and will fight to get you the best outcome possible. Coleman Legal Group, LLC offers Free Consultations to review your case and will fight to protect you throughout the DUI process and do everything we can to preserve your rights.
Types of DUI Cases:
There are two ways that a person may be arrested for being in violation of Georgia DUI law O.C.G.A § 40-6-391, the first is for being in violation of the Georgia 'per se' law, which states that it is against the law for any person to operate or be in control of a motor vehicle with a blood alcohol concentration of .08% or greater.
The second way a person can be arrested for being in violation of Georgia DUI law is, through the arresting officer's observations of the defendant's driving behavior prior to the stop or by being involved in a collision. In either of these cases it is not necessary for the defendant to have a blood alcohol concentration of .08% or greater, you can be arrested for and charged with a Georgia DUI even if your BAC was .06 percent.
In order to be found guilty of Driving Under the Influence in Georgia you must have been in control or driving a vehicle while:
- Under the Influence of alcohol or drugs to the extent that it is “less than safe” for you to drive -OR-
- Your blood alcohol level is at a .08 or higher -OR-
- You have any illegal drugs in your system.
Legal Limits of Alcohol Concentration - Three Different Standards
1. An alcohol content reading of 0.02 BAC is the level for per se intoxication for persons under the age of 21 at the time of arrest who are accused of violating subsection “k” of the DUI code.
2. An alcohol content reading of 0.04 BAC is the level for per se intoxication for persons accused under subsection “I” of the DUI code that were stopped while operating a commercial vehicle.
3. An alcohol content reading of 0.08 is the level for per se intoxication for persons who are age 21 and older and accused of violating subsection 40-6-391(a)(5) of Georgia Law. The prosecutor must be able to prove that the test given was a valid test, and that it was taken within three (3) hours of driving or being in actual physical control of a vehicle, from alcohol consumed PRIOR TO the driving of the vehicle ended.
Georgia Administrative Hearing Process
If you have been arrested for driving under the influence in Georgia, the arresting officer must read you the 'implied consent law' notice and request that you submit to a state approved chemical test. Whether or not you refused a chemical test or took the chemical test, the arresting officer will issue an order of suspension on your driver's license and you only have ten days from the date of your arrest in which to request an administrative hearing with the Georgia DDS.
If you fail to request an administrative hearing within the ten day period following your arrest, the suspension will be upheld and you will not be eligible to apply for a limited driving permit.
The Importance of the Administrative Hearings
Administrative hearings can be critical to a client’s case. If the licensee does nothing, her or her license (or privilege to drive in Georgia) will be suspended. Secondly, the administrative hearing offers your attorney a chance to cross-examine the arresting officer under oath, so that important issues can be reviewed before the criminal (DUI) case even starts. A transcript of this sworn testimony can be instrumental in helping to settle or win the DUI case. Thirdly, the administrative case is handled before an administrative law judge who works for the Georgia Office of State Administrative Hearings. If you choose to testify this will give you an opportunity to practice prior to being in a criminal court.
Limited Driving Permits
A first time offender may apply for a limited permit in order to drive to and from work and during their normal duties while at work. In addition a limited permit may allow you to:
- drive to the pharmacy to pickup a prescription;
- drive to and from school;
- drive to and from DUI alcohol or drug risk reduction program.
Before the DDS will issue you a limited permit you will be required to show proof of financial responsibility in the form of an SR22 insurance filing.
Georgia First Offense DUI
A first offense conviction means that you have not been convicted of a previous DUI charge within the past 10-years. The penalties for a first offense DUI charge are as follows:
Jail time: The minimum jail sentence for a first offense conviction is ten days and the maximum jail sentence is 12-months. If your BAC was .07% or less, the judge may suspend or probate the minimum jail sentence at his or her discretion. If your BAC was .08% or greater, at the judge's discretion all but 24-hours of the jail sentence may be suspended or probated.
Fines: The minimum fine for a first offense conviction is $300 and the maximum fine can go as high as $1,000.
License Suspension: If your blood alcohol concentration was below .08% your license will be suspended for 6-months. If your blood alcohol concentration was .08% or greater, your license will be suspended for 12-months. A first time offender may apply for a limited license.
Before the DDS will reinstate your license or issue you a limited permit, you will be required to file an SR22 form with the DDS showing proof of financial responsibility in the form of a Georgia SR22 insurance policy.
Alcohol Treatment: The court may order you to complete an approved DUI Alcohol or Drug Risk Reduction Program.
Probation: You will also be sentenced to 12-months of probation, less time already served in jail.
Community Service: A first time offender who's BAC level was .08% or greater will have to perform 40 hours of community service and first time offender's who's BAC level was less than .08% will have to perform 20 hours of community service.
Georgia Second Offense DUI
A second offense conviction means that you have been convicted of one previous DUI within the past 10-years. The penalties for a second offense DUI conviction are as follows:
Jail time: The minimum jail sentence for a second offense conviction is 90 days and the maximum jail sentence is 12-months. Based on the circumstances surrounding your case and the previous conviction, the judge may probate all but 72 hours of your jail sentence.
Fines: The minimum fine for a second offense conviction is $600 and the maximum fine can go as high as $1,000.
License Suspension: Your driver's license will be suspended for 3-years. You may apply for an ignition interlock driving permit at the end of the first 12-months of you suspension period. To be eligible for the permit you will have to successfully complete and submit proof of your completion of a DUI Alcohol or Drug Risk Reduction Program and proof of an ignition interlock device before the Georgia DDS will issue you an ignition interlock driving permit.
The ignition interlock device will be required for 6-months, at the end of the 6-month period you may apply for reinstatement of your driver's license once you pay the $200 reinstatement fee. You will also be required to file an SR22 form with the Georgia DDS showing proof of financial responsibility in the form of Georgia SR22 insurance before you are issued an ignition interlock permit.
Alcohol Treatment: You will have to complete a mandatory clinical evaluation and the court ordered DUI Alcohol or Drug Risk Reduction Program before you will be issued an ignition interlock permit.
Probation: You will also be sentenced to 12-months of probation, less time already served in jail.
Community Service: A second time offender will be required to perform a minimum of 30 days of community service.
Georgia Counties We Serve
We take cases for all of the metro-Atlanta counties and surrounding areas. We frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette, and Clayton. Call us at 770-609-1247 to speak with an attorney about how we can help you too.
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