Northeast Georgia DUI Defense Attorneys

A drunk driving charge can put much at risk, including your driver’s license. If convicted, you face serious fines, skyrocketing insurance rates and even incarceration. The damage could affect your vocation, professional license and future, but you don’t have to give up without a fight.

Blake A. Poole, our founding attorney, is a former prosecutor who knows drunk driving laws from both sides. In defending against drunk driving charges, he scrutinizes every element of the stop and arrest, including field sobriety and blood and breath tests. He leads our legal team in protecting your rights in criminal DUI proceedings as well as administrative matters concerning suspension or revocation of your Georgia driver’s license.

Penalties For A DUI In Georgia

Penalties for a driving under the influence charge in Gainesville, Georgia, can be more severe than you might imagine. For a first-offense DUI conviction, you could face up to a year in jail and a fine of $1,000. Even the minimum sentence could result in costly fines and a period of incarceration. Further, you may also have to serve 12 months of probation or fulfill 40 hours of community service as part of your sentence.

The situation worsens for subsequent DUI convictions, especially within a 10-year period. A second offense could lead to a minimum fine of $600, along with 72 hours behind bars, 240 hours of community service and a year of probation. For a third offense, you could spend 15 days to 12 months behind bars and pay a fine between $1,000 and $5,000.

Can You Refuse A Breathalyzer Test In Georgia?

During a DUI traffic stop, a police officer with reason to believe you are driving while impaired may ask you to submit to a breath test. Many believe they are obligated to comply with the request, but in truth, you have the right to refuse a breathalyzer test. However, you will likely face ramifications if you take this approach.

In the past, refusing to take a breath test could be used as evidence against the defendant if their case went to trial. However, Georgia updated the laws in 2019, and there is a new Implied Consent Notice. Officers must read this notice and give the person a chance to voluntarily take the requested test. If they refuse, the refusal cannot be used as evidence against them.

The same goes for blood tests that detect intoxication. Even when an officer reads the new Implied Consent Notice properly, drivers still have a right to decline the test without it being used against them.

So, what happens if you refuse to take these sobriety tests? Under the current implied consent laws in Georgia, you will face a one-year license suspension.

Strong Defense Against DUI And BUI Charges

Every year hundreds of boating under the influence arrests are made on Georgia’s waters. A boating under the influence charge carries much of the same risks to your way of life as a DUI. Not only do you face significant fines and potential jail time, but you can also lose your boating privileges, if convicted.

We defend against the full roster of DUI/BUI charges:

• First-time DUI
• Multiple-offense DUI
• DUI medication
• DUI drugs
• Child endangerment
• DUI injury
• Motor vehicle manslaughter
• Boating under the Influence
• Underage DUI
• Leaving the scene of an accident

Boating Under the Influence (BUI) In Gainesville, Georgia

Operating a boat under the influence of drugs or alcohol is a serious offense in Georgia, carrying severe penalties much like driving under the influence (DUI). The Boat Safety Act of Georgia explicitly prohibits individuals from operating any boat, jet ski or personal watercraft while impaired. It also makes it illegal for a boat owner to allow someone who is intoxicated to operate their vessel. In Gainesville, which sees considerable traffic on nearby lakes like Lake Lanier, it’s vital to be aware of these laws to avoid harsh legal consequences.

Blood Alcohol Concentration (BAC) Limits For BUI

In 2013, Senate Bill 136 was enacted to strengthen Georgia’s boating laws, lowering the legal BAC limit for boating from .10% to .08%, bringing it in line with the state’s DUI limit for motor vehicles. This alignment means that if you’re caught operating a boat with a BAC of .08% or higher, you can face stiff penalties, including heavy fines and potential jail time.

Unique Risks Of BUI In Gainesville’s Warm Climate

Boating under the influence carries unique risks compared to driving on the road, especially in the warm climates typical of Gainesville and surrounding areas. Hot weather, dehydration and sun exposure can exacerbate the effects of alcohol, impairing judgment and physical coordination more rapidly than on land. This increases the likelihood of accidents, putting both boaters and passengers at risk of serious injury.

Penalties For BUI In Georgia

Penalties for boating under the influence (BUI) in Georgia increase with each conviction:

• First offense: $300 to $1,000 fine, up to 12 months in jail and at least 40 hours of community service.
• Second offense: $600 to $1,000 fine, at least 72 hours in jail and 240 hours of community service.
• Third offense: $1,000 to $5,000 fine, up to 12 months in jail with at least 15 days served, along with potential loss of boating privileges.

Repeat offenses bring harsher penalties, including longer jail time and higher fines. It’s crucial to seek legal help if you’re facing BUI charges.

Frequently Asked Questions About DUI And BUI Charges In Georgia

Below are answers to some of the most common questions our clients ask about DUI and BUI charges in Georgia. Understanding these can help you make informed decisions about your next steps.

What is the legal blood alcohol limit in Georgia?

In Georgia, the legal limit for blood alcohol concentration (BAC) is .08% for drivers aged 21 and over. For commercial drivers, the limit is .04%, while drivers under 21 must maintain a BAC of less than .02%. If you’re found with a BAC over these limits, you could face DUI charges and penalties.

Will I lose my license if charged with drunk driving?

If you’re charged with DUI in Georgia, you could face an automatic driver’s license suspension, especially if you refuse a chemical test under the state’s implied consent law. A suspension can last from 120 days to several years, depending on whether it’s your first offense or a repeat DUI charge. Our DUI defense lawyers can help you fight to keep your license and reduce penalties.

Will I lose my license if charged with a BUI in Gainesville?

Although boating under the influence (BUI) does not directly result in a driver’s license suspension, a conviction can still carry significant penalties, such as fines, jail time and restrictions on boating privileges. In Gainesville and across Georgia, BUI charges are taken seriously and you may face harsher consequences if you have prior DUI or BUI offenses. Let our team of BUI defense attorneys help protect your rights.

Do I need to plead guilty if I failed the breathalyzer test?

Failing a breathalyzer test does not automatically mean you’re guilty of DUI. There are several ways to challenge the results, including questioning the test’s accuracy or whether the device was properly calibrated. Our DUI attorneys will review the circumstances of your case and build a defense strategy aimed at getting the charges reduced or dismissed.

Talk To Lawyers Who Can Protect Your Rights

If you are serious about fighting your drug charge or drunk driving charge, we are here for you. To arrange a legal consultation with a skilled defense lawyer in Gainesville, contact the firm online or by telephone at 770-573-3707. Hablamos español.