The 30-day license deadline
If you refused the state breath test, or registered 0.08 or higher, the officer likely took your license and issued a Form DDS 1205. You have 30 days from the arrest to either request an administrative hearing with the Georgia Department of Driver Services or install an ignition interlock device. If that deadline passes, your license is suspended automatically, regardless of the outcome of the criminal case. Addressing this deadline is the first step our office takes.
How a DUI case is fought
A DUI defense rarely depends on whether the driver felt capable of driving. It depends on the evidence: whether the traffic stop was lawful; whether the field sobriety tests were administered and scored as the officer was trained to do; whether implied consent was read correctly and at the right moment; whether the breath-testing device was maintained and its operator certified; and whether the video is consistent with the written report. Having prosecuted these cases, Brandon is familiar with how they are built and where they can be challenged.
Where your case will be heard
If this is your first, second or third DUI within 10 years it is considered a misdemeanor. In many counties, misdemeanors are handled in State Court; however, if you live in a rural county, your case may be heard in Superior Court. If this is your fourth or more DUI within 10 years it may be treated as a felony and be handled in Superior Court. We handle cases throughout the State of Georgia and can help you no matter where your case is heard.
Common questions
Can I refuse a breath test in Georgia?
You can refuse, but under Georgia’s implied consent law a refusal can suspend your license for a year with no limited permit. Additionally, a refusal may be used against you at trial. Whether refusing was the right call depends on the situation; either way a lawyer should be your next call.
Will I lose my license after a DUI arrest in Georgia?
Not automatically, if you act within 30 days. Requesting the administrative hearing or choosing the interlock option preserves your ability to drive while the case is pending. After a conviction, a first offense typically carries a 12-month suspension with a limited permit available.
Will a first DUI mean jail time?
Georgia law requires at least 24 hours in custody for a first DUI conviction with a BAC of 0.08 or higher, plus probation, community service, DUI school and fines. Many first offenders serve the minimum, often credited to time already spent after arrest. The goal is usually to avoid the conviction altogether or reduce the charge.
Can a DUI be reduced to reckless driving in Forsyth County?
Sometimes. Prosecutors consider the blood alcohol level, the driving, cooperation, and the strength of the evidence. A reduction is far more likely when the defense has found a real problem with the stop or the testing, which is what the case review is for.
I am not a citizen. Does a DUI affect my immigration status?
A single simple DUI is usually not deportable, but it can affect discretionary decisions such as a green card or naturalization, and a DUI with drugs or a child in the car is treated far more seriously. Delfunt Law’s immigration attorney reviews every plea for non-citizen clients before it is entered.
This page is general information about Georgia criminal law and is not legal advice about your case. Prior results do not guarantee a similar outcome. Every case is different.