Lawyers, Answer Questions  & Get Points Log In
Georgia DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Georgia on
Q: How crooked are the court systems? Do attorneys that work hand and hand with prosecutors get cases dismissed or reduced?

Have an attorney who promised me an outcome and was bragging about knowing the judge and prosecutor

Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2023

It's always better to have a good relationship over a bad one with someone when it comes to trying to work problems out. That's true in life and in the law. That being said, I generally do not believe in a "crooked system" where lawyers and prosecutors are collaborating to... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: Does Georgia have a super drunk law or enhanced penalties for having a high BAC?
Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2023

No. Some states do have enhanced penalties built into their DUI laws for hire BAC contents, but Georgia is not one of them.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Does an attorney negotiate before a bench trial? Or is this part of the pre trial motions that should be filed?
Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2023

Yes, generally speaking, an attorney will attempt to negotiate a deal on a case short of a trial. Negotiations can begin at any time (including during pre-trial motions) and may continue right up until the last moment; there's no specific rules governing when they must happen.

1 Answer | Asked in DUI / DWI for Georgia on
Q: I was charged with a DUI less safe alcohol and controlled substance in Paulding County Georgia.

I was charged with a DUI less safe alcohol and controlled substance in Paulding County Georgia. My blood test had a BAC of .045 and the controlled substance is from Adderall which I am prescribed. The night of the stop I went through a yellow light that turned red. I did not submit to the field... View More

Robbie Levin
Robbie Levin
answered on Jan 11, 2023

It is not possible for a lawyer to advise you whether to enter a plea or go to trial without a thorough examination of all the evidence. I have no idea what evidence you may have given through your own statements. I have no idea what other evidence may have been found at the scene. My guess is... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: What’s my best route to take having gotten a dui 40-6-391(a)(1-5) …

Officer did not notify me that refusal to blood work would be sumisión of service report and notice of license suspension … he also stated on paper work that I was unable to sign a document when he never asked me to sign any paper work which I would have cooperated and signed … I passed my... View More

Anthony Kozycki
Anthony Kozycki
answered on Aug 29, 2022

The arresting officer is required to provide you very specific advisements of your rights surrounding their request for a blood sample. If the officer failed to provide you correct notice, that would potentially invalidate a significant portion of the evidence against you. I would suggest reaching... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: can a state trooper draw blood for a dui. he was not arrested. it was a 4 wheeler wreck on a dirt road.

he was not arrested. it was a 4 wheeler wreck on a dirt road. no property damage to anything else, no one was riding with him. the wheeler just snapped off.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

If the person consented or was too injured to consent, then yes.

2 Answers | Asked in DUI / DWI, Traffic Tickets and Car Accidents for Georgia on
Q: I'm 18 years old and got a reckless driving charge in GA. Am I allowed to drive (safely) between now and my court date?

I got a reckless driving and street racing charges on my record, but my car wasn't damaged and no one was injured. I'm currently out on bail. My DDS dashboard says my license is valid and when I called them the lady on the phone said that it also shows it's valid on her end. Does... View More

Sean McIlhinney
PREMIUM
Sean McIlhinney
answered on Jul 17, 2022

In Georgia an under 21 years old's driver's license is not suspended just merely based on the issuance of a reckless driving charge. If you are convicted of the reckless driving you will suffer a 6 month license suspension. A lawyer may be able to help you avoid the suspension by... View More

View More Answers

1 Answer | Asked in DUI / DWI for Georgia on
Q: I have a dui and drug charge on my back ground I am wanting to see if I can get it Exsponged?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 23, 2022

Georgia law does not allow expungement of DUI convictions or felony drug convictions. However, you may be able to expunge the drug conviction if it was for a misdemeanor offense. You would file a petition with the convicting court to request expungement.

O.C.G.A. section 35-3-37(j)(4)(A)...
View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: I got a dui which was my third. It was 2 years and 1 month ago. I have not heard from the courts or got a letter.

I live in Georgia. Single vehicle. No witnesses.

Morris  Margulis
Morris Margulis
answered on Jun 21, 2022

Sometimes cases do get lost in the shuffle, but it's never something to rely upon.

The citation likely gave you a court date. If you missed that, there's probably a warrant out for your arrest and a suspension on your driver's license.

Otherwise, see if you can find...
View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: My husband was charged with this, but was notdriving a bus. He was driving a pickup truck. Will the dui likely stand, ec

The code on his citation is 40-6-391.3 DUI - Driving school bus under influence

Morris  Margulis
Morris Margulis
answered on Jun 19, 2022

That code section specifies an increased penalty for DUI while driving a school bus.

Your husband may still nevertheless be culpable for DUI with the more typical penalties.

2 Answers | Asked in DUI / DWI for Georgia on
Q: 1st DUI in Gwinett County blew .12 what will my sentence be.i
Morris  Margulis
Morris Margulis
answered on May 3, 2022

You're probably looking at something between 24 hours and 30 days in jail, plus classes, fines, and community service.

The amount of jail time will depend on various factors, including your driving record, your history with drugs/alcohol, whether you gave the police any attitude, and...
View More

View More Answers

1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on
Q: Can an ROR bond that is correctly followed keep me from going to jail after my court date?
Candace Alynn Hill Duvernay
PREMIUM
Candace Alynn Hill Duvernay
answered on Apr 12, 2022

It is always helpful to show the Court that you have been compliant with previous bond conditions, however, jail time is usually related to a person's criminal history, the severity of the charges, and whether a victim is involved.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Will bench warrant show up on online case file in atlanta for failure to appear?

My license has not been suspended

Morris  Margulis
Morris Margulis
answered on Feb 7, 2022

Online dockets are not very reliable. Sometimes the warrant will show on the system but not always.

The best thing for you to do is get an attorney to walk into the clerk's office to check for a warrant and get you a new court date.

1 Answer | Asked in DUI / DWI for Georgia on
Q: I got charges of dui/drug,violation georgia controlled substances act vgcsa-f, poss drug related object equip m

What's can I do ?

Morris  Margulis
Morris Margulis
answered on Nov 22, 2021

Defending these cases usually depends on fourth amendment arguments. Did law enforcement have the right to stop you? If so, was the stop unreasonably prolonged? If not, did they have the right to search you and/or your car? Etc.

Feel free to email me to talk about setting up a retainer...
View More

1 Answer | Asked in DUI / DWI, Consumer Law, Family Law and Personal Injury for Georgia on
Q: 31 yrs old female first dui and and missed court on the hearing. Bench issued she spent 6 days in jail can she nolo

Furthermore as a violent man held her beyond will and beat her and had her arrested . Lady has 3 children and now away from harm need a chance to start her life now without the terrioristic drama he put her through

Michael D. Birchmore
Michael D. Birchmore
answered on Nov 18, 2021

UNFORTUNATELY, YOU HAVE TOO MANY DIFFERENT ISSUES IN YOUR QUESTION. NOBODY HERE WILL BE ABLE TO PROVIDE A RELEVANT RESPONSE TO ANY OF THEM. THE OVERALL BEST ADVICE YOU WILL REVCEIVE HERE IS TO MEET WITH AN ATTORNEY SO THAT ALL THE ISSUES CAN BE SORTED AND DISCUSSED.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Does a character witness help in dui citation or can it be paid
Morris  Margulis
Morris Margulis
answered on Nov 15, 2021

Technically, you can use a character witness to defend against a DUI change, but it is probably not advisable.

Generally, using a character witness "opens the door" for the prosecution to call other witnesses, or to present other evidence, against the defendant's character,...
View More

2 Answers | Asked in DUI / DWI for Georgia on
Q: How can I get my limited permit to drive, due to a first dui where it was suspended for a year due to implied consent

Which I wasn’t asked for a test just booked in jail but I had supposedly 30 days to write to the dds but I wasn’t informed I had to to save my license an enable a permit to drive

Anthony Kozycki
Anthony Kozycki
answered on Oct 25, 2021

It is best to get in touch with an experienced DUI attorney who can guide you through the ALS process. As you mentioned, there is a limited time period to request a hearing.

View More Answers

1 Answer | Asked in DUI / DWI for Georgia on
Q: Could i be eiligble for house arrest for false statement dui and havent been in trouble for ten years
Morris  Margulis
Morris Margulis
answered on Oct 20, 2021

Yes, but you should probably be going for simple probation instead.

Email me to discuss.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Courts have no paperwork but DMV shows suspended
Anthony Kozycki
Anthony Kozycki
answered on Oct 6, 2021

When was the arrest? Did you have an ALS hearing yet?

1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on
Q: How do I get alcohol test results from my case . before court .
Anthony Kozycki
Anthony Kozycki
answered on Sep 30, 2021

Your attorney needs to file a discovery request.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.