State Bar of Georgia
GA Association of Criminal Defense Lawyers

DUI Offenses

Aggressive Criminal Defense Attorney Serving Clients in Atlanta and Throughout Dekalb and Fulton Counties

Each year, more than 19,000 people get arrested for drunk and drugged driving in Georgia. A conviction for an Atlanta DUI can seriously change your life. Not only do you risk going to jail, but you can also lose your driver’s license, and jeopardize your education and future job prospects. Police, prosecutors and judges all take Georgia DUI offenses very seriously. If you’ve been arrested for driving under the influence, you need an attorney who will take your case as seriously as you do. At the Law Offices of Glenn T. Stern, we have successfully represented countless clients facing Atlanta DUI offenses, helping them move on with their lives after an arrest.

Punishments for a Georgia DUI

Like most states, Georgia’s DUI laws impose strict punishments on those who are found guilty of drunk driving or driving under the influence of drugs. The seriousness of a DUI conviction depends mostly on whether you have any prior DUIs on your record in Georgia or any other state. The look-back period when considering prior DUI convictions is ten years.

First Offense DUI: A DUI first offense is a misdemeanor, punishable by:

  • A fine of at least $300 and as much as $1,000
  • A minimum of 24 hours in jail, up to 12 months
  • A minimum of 40 hours of community service

Second Offense DUI: A DUI second offense is a misdemeanor, punishable by:

  • A fine of at least $600 and as much as $1,000
  • A minimum of 72 hours, up to one year in jail
  • At least 240 hours (30 days) of community service

Third Offense DUI: A DUI third offense is a high and aggravated misdemeanor, punishable by:

  • A fine of at least $1,000 and as much as $5,000
  • Between 15 days to one year in jail
  • At least 30 hours of community service
  • One year of probation, less any time you served in jail

Fourth Offense DUI: A DUI third offense is a felony, punishable by:

  • A fine of at least $1,000 and as much as $5,000
  • Between one to five years in state prison
  • At least 60 days of community service
  • Five years of probation, less any time served in custody

In addition, any DUI conviction requires you to complete a drug or alcohol Risk Reduction Program as well as a clinical evaluation. If the result of the evaluation indicates you need substance abuse treatment, the court may order such treatment as a part of your sentence.

On a 2nd DUI in 5 years, the Georgia law requires that you have an “ignition interlock device” installed on any vehicle you drive. Notably however, regardless of the number of prior DUIs on your record, the sentencing judge has the discretion to sentence you to significantly less jail time. For example, if this is your first DUI, the judge can suspend the entire jail sentence unless your blood alcohol content was greater than .08, in which case all but 24 hours can be suspended.

Defenses to Atlanta DUI Offenses

If you were arrested for DUI, it is important that you don’t give up hope. DUI charges may seem straightforward, but that is rarely the case. The prosecution has a high burden to prove you guilty beyond a reasonable doubt, and a knowledgeable DUI defense attorney can help you develop a compelling defense. Our attorneys have obtained numerous DUI dismissal and acquittals on behalf of our clients, and are ready to put that skill and knowledge to work on behalf of you and your case.

For example, one of the most common defenses to Atlanta DUI cases involves challenging the police officer’s actions leading up to your arrest. For example, police need to justify every step of their investigation, from the initial traffic stop through your arrest. If a police officer can’t prove that they had a reason to pull you over or demand you take a breathalyzer or blood test, the evidence the officer obtained cannot be used against you.

Schedule a Free Consultation to Discuss Your Case With an Experienced Atlanta DUI Defense Lawyer

Facing DUI charges can be overwhelming; however, this is not something you need to face on your own. At the Law Offices of Glenn T. Stern, our Atlanta criminal defense attorney has more than two decades of experience defending the rights of clients charged with driving under the influence. We take an individual approach to every case we handle, focusing on what you tell us is important to you. Together, we will work with you to develop the best possible defense. To learn more, and to schedule a free consultation, contact the Law Offices of Glenn T. Stern at (404) 320-1049 today. You can also reach us through our online contact form. We handle cases on behalf of clients in Atlanta and throughout Dekalb, Fulton, Cobb, Gwinnett and Clayton counties, including in Alpharetta, Sandy Springs, Jonesboro, Duluth, Lawrenceville, Marietta, Cumming and Dunwoody.

Client Reviews
★★★★★
"Consistently delivers results. Glenn Stern has helped on numerous occasions: he saved me from various legal perils by consulting on legal matters. Glenn has also helped out at least twice by representing me in court, each time, the outcome has surpassed my expectations. Highly recommend.” Mark