If you were arrested for DUI in Dalton, Whitfield County, or Northwest Georgia, you probably have urgent questions about your license, your record, and what happens next. Below are answers to the most common DUI questions we hear from clients.
1) What should I do immediately after a DUI arrest in Georgia?
After a DUI arrest, you should avoid discussing your case with anyone except your attorney. In many cases, there are important deadlines related to your driver’s license, and early legal action can protect your rights and improve your options. A DUI lawyer can review the stop, arrest, and testing procedures for mistakes that may help your defense.
2) Will I lose my license for a DUI in Georgia?
Possibly. Georgia DUI arrests can trigger license consequences through the Department of Driver Services (DDS), even before the criminal case ends. License suspension can depend on whether you took a chemical test, refused it, or what the test result showed. A DUI attorney can explain your options and whether you may qualify for limited driving privileges.
3) What happens if I refused the breath test in Georgia?
Refusing a breath test can lead to an automatic license suspension under Georgia’s implied consent law. However, refusal cases can still be defensible, especially if law enforcement did not properly advise you of your rights or failed to follow required procedures during the stop or arrest.
4) What is the BAC limit in Georgia for DUI?
Georgia BAC limits depend on the driver:
- 0.08% for most drivers age 21 and over
- 0.04% for commercial drivers
- 0.02% for drivers under 21
Even if your BAC is under the legal limit, you may still be accused of DUI if police believe you were impaired or “less safe” to drive.
5) What is “DUI Less Safe” in Georgia?
Georgia DUI charges may be based on “less safe” driving, meaning the officer claims alcohol or drugs made you less safe behind the wheel. These cases often rely heavily on subjective observations such as field sobriety tests, driving behavior, and statements made during the stop. A DUI lawyer can challenge the evidence and whether proper procedures were followed.
6) Can I be charged with DUI for prescription drugs or marijuana in Georgia?
Yes. You can be arrested for DUI if police believe you were impaired by:
- Prescription medications
- Over-the-counter medications
- Marijuana
- Illegal drugs or controlled substances
Even legally prescribed medication can lead to DUI charges if prosecutors argue it impaired your ability to drive safely.
7) What are the penalties for a first DUI in Georgia?
A first DUI conviction can still carry serious penalties such as:
- Jail time
- Fines and court costs
- Probation
- DUI school
- Community service
- License suspension
The penalties depend on the circumstances of the arrest and your prior history, if any.
8) Can a DUI charge be reduced to reckless driving in Georgia?
Sometimes. Depending on the facts, a DUI charge may be negotiated down to reckless driving. Whether a reduction is possible can depend on the strength of the evidence, your test results (if any), prior record, and issues with the stop, arrest, or testing procedures.
9) Can I beat a DUI charge in Whitfield County?
Yes. DUI cases can often be challenged. Common defenses may include:
- No legal reason for the traffic stop
- Lack of probable cause for arrest
- Problems with field sobriety testing
- Breath test machine errors or improper testing steps
- Constitutional violations or improper police conduct
A strong DUI defense starts with reviewing the police report, available video, and testing records.
10) Should I plead guilty to a DUI in Georgia?
Not until you understand the long-term consequences. A DUI conviction can impact your license, insurance rates, employment, and future legal penalties. Before pleading guilty, it’s important to have a DUI attorney review the evidence and explain your best options based on the facts of your case.
DUI Lawyer in Dalton, GA – Talk to Morris & Dean
If you’re facing a DUI charge in Dalton or Whitfield County, getting legal guidance early can make a major difference.
Contact Morris & Dean today to speak with a DUI defense lawyer.
