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Georgia DUI Defense Lawyer

One traffic stop shouldn’t define your future, but a DUI arrest can make it feel like everything is suddenly on the line: your license, your job, and the way people see you. At Hines Law Firm, our Georgia DUI lawyers defend drivers charged with driving under the influence across metro Atlanta, from first-offense cases to repeat and felony charges. We take on both the court case and the fight over your license, so you aren’t trying to manage either one alone.

Matthew C. Hines founded the firm in 2004, and our team has spent more than 20 years defending drivers in English and Spanish across metro Atlanta, including Gwinnett, Fulton, DeKalb, Cobb, Clayton, Hall, Cherokee, Forsyth, Paulding, and Douglas counties. Call us any time, day or night, for a free and confidential consultation about your DUI charge.

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How Our Georgia DUI Lawyers Defend Your Case

A strong DUI defense starts with the evidence the state plans to use and works backward to find where it breaks down. Our job is to protect your driving privileges right away, then test every step the officer and the lab took before the case reaches a courtroom.

Once you hire us, our team works to:

  • Meet the short deadline to challenge your administrative license suspension, so the license case doesn’t close by default
  • Request dashcam and bodycam video, 911 calls, and the officer’s written report, then compare them line by line
  • Review the reason for the stop and whether the arrest was backed by probable cause
  • Obtain maintenance and certification records for the breath machine, or the lab file and handling records for a blood sample
  • Prepare your case as if it will go to trial, which shapes every negotiation that comes before it

Behind our attorneys is a support staff that gathers records and builds the file, so the lawyer handling your case can spend time on the defense itself.

What Are the Penalties for a DUI in Georgia?

Georgia DUI penalties depend mainly on how many DUI convictions or accepted nolo contendere pleas you have within a 10-year look-back period. The state DUI statute sets minimums that a judge cannot go below, along with maximums that leave room for argument about what’s fair in your case.

Here is how the criminal penalties line up for adult drivers:

DUI within 10 yearsClassificationFineJail rangeMinimum jail actually servedCommunity service
FirstMisdemeanor$300 to $1,00010 days to 12 monthsJudge may suspend all but 24 hours if alcohol concentration was 0.08 or moreAt least 40 hours
SecondMisdemeanor$600 to $1,00090 days to 12 months72 hoursAt least 30 days
ThirdHigh and aggravated misdemeanor$1,000 to $5,000120 days to 12 months15 daysAt least 30 days
Fourth or laterFelony$1,000 to $5,0001 to 5 yearsJudge may suspend all but 90 daysAt least 60 days

The look-back period is measured from the arrest dates of earlier cases to the arrest date of the new one, not from conviction dates, so the timing of an old case can change which row of this table applies. A judge can also go above the minimums, which is why your record, your conduct since the arrest, and the facts of the stop all matter at sentencing.

Every DUI conviction also brings a DUI Alcohol or Drug Use Risk Reduction Program, commonly called DUI school, a clinical evaluation with any recommended treatment, and probation. For a first offense, the court can waive the clinical evaluation, but it can’t waive the DUI school requirement.

What makes a first DUI different in Georgia

Georgia’s First Offender Act doesn’t apply to DUI, so a first DUI can’t be resolved that way and sealed later. A judge may accept a nolo contendere plea in limited situations, but that plea still counts as a DUI for future sentencing, isn’t available to drivers under 21, and isn’t allowed when the alcohol concentration was above 0.15.

The license side carries its own consequences. According to the Department of Driver Services, a first DUI conviction in five years brings a 12-month suspension, with reinstatement possible after 120 days once you complete DUI school and pay the reinstatement fee.

/ What Our Clients Have To Say

Reviews

“Thank you all for the help during the time of uncertainty , very attentive and very professional group of individuals especially Julian who is a very great part of the team. Took time out of his day to reach out to you either through email or phone call. Your questions will be answered. Thank you all for the great help. 🙏🏽”

Juan Pesina
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“They are a team of very responsible, kind and dedicated professionals, they were always aware of all the details of the case and keeping us informed about each step we should take, I recommend them 100% Thanks so much, Great job”

Vanessa
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“They are an excellent team, they always attended to all my concerns, defending my rights and representing me throughout the process.  they always made me feel calm and trusting of them.  I highly recommend them.  They met all my expectations.”

Arianna Carrizo
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“Helped me so much during my accident. I recommend this firm to everyone I know and meet they’re just that amazing and I love that their team is bilingual!!”

Mari Gutierrez
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Which DUI Charges Do We Handle in Georgia?

We defend the full range of DUI charges Georgia drivers face, and each type is built on different evidence. Knowing which section of the law the state is using tells us where to focus.

Alcohol DUI

Most alcohol cases are charged two ways at once: as a per se DUI based on a test result of 0.08 or higher, and as a less safe DUI based on the officer’s observations. We look at both, since winning on one doesn’t automatically resolve the other.

Drug and prescription medication DUI

Georgia law says being legally entitled to use a drug isn’t a defense to DUI by itself. However, a driver using a lawfully prescribed medication isn’t guilty unless the drug made the person incapable of driving safely, which often becomes the central question in these cases.

Underage DUI

Drivers under 21 can be charged with DUI at an alcohol concentration of just 0.02. These cases carry the same criminal penalty structure as adult cases, plus license consequences that can affect school, work, and future plans.

DUI with a child in the vehicle

Driving under the influence while transporting a child under 14 is a separate crime called endangering a child by DUI. That charge doesn’t merge with the DUI itself, so it adds its own punishment on top of the DUI sentence.

Repeat and felony DUI

A fourth DUI within 10 years is a felony that carries one to five years in prison. When the stakes are that high, we take a close look at every prior conviction the state relies on, including whether it truly counts within the look-back window.

Can a DUI Charge Be Reduced or Dismissed in Georgia?

Yes, a Georgia DUI charge can sometimes be reduced or dismissed, but it depends on the strength of the evidence and the way it was gathered. When key evidence is thrown out or a case has serious gaps, prosecutors may agree to a lesser charge, and some cases end in dismissal or a not guilty verdict at trial.

Some of the issues that can change the outcome of a DUI case include:

  • A stop without a valid legal reason, such as a lane violation the video doesn’t show
  • An arrest made before the officer had probable cause
  • Implied consent warnings that were read late or incompletely, or in a way you couldn’t understand
  • A breath machine that missed maintenance or was run by an operator who wasn’t properly certified
  • Blood samples that weren’t stored, labeled, or tested according to required procedures
  • A written report that doesn’t match what the camera recorded

If the state won’t offer a fair resolution, a trial is a real option. A jury hears the video, the testimony, and the cross-examination of the officer, and a case built for trial from the first week is in a far better position than one that was only ever prepared for a plea.

None of these issues locks in a particular result, and we’ll tell you honestly what we find. What they do is give your defense leverage, which is why we pull the records early instead of waiting for the state to hand them over.

Why Metro Atlanta Drivers Choose Hines Law Firm After a DUI Arrest

A DUI case moves on two tracks at once, and the people who come through it in the strongest position usually have someone handling both from the start. That’s how we approach every case, whether it’s a first offense or a charge that could become a felony.

When you work with us, you get:

  • More than 20 years of criminal defense experience since our founding in 2004
  • Attorneys who prepare each case for trial, backed by staff who handle records requests and build the file
  • Full bilingual representation in English and Spanish, including help with the implied consent and license process
  • Offices in Atlanta, Austell, Gainesville, Marietta, and Norcross, close to the courts where metro Atlanta DUI cases are heard
  • Phone availability 24/7, so you can reach us the night of an arrest
  • A free, confidential consultation before you make any decision

Every DUI case is different, and no lawyer can promise a specific outcome. If you want a clear, honest read on your situation, call Hines Law Firm today for a free consultation.

How a Georgia DUI Conviction Can Affect Your Life

A Georgia DUI conviction stays on your criminal record permanently and can’t be restricted the way some other charges can. The consequences often reach well beyond the fine and the license suspension.

Work, school, and insurance

A DUI conviction can show up on background checks for jobs, housing, and professional licenses, and it usually raises car insurance costs. Students may also face consequences under their school’s conduct rules.

Your license and your daily routine

A conviction brings a license suspension on top of any administrative suspension from the arrest, and repeat offenses can bring longer suspensions, ignition interlock requirements, and limits on when you can drive. For many families, the hardest part isn’t the fine but figuring out how to get to work, school, and medical appointments in the meantime, which is why we plan for driving privileges from the first conversation.

Related charges

DUI arrests often come with other charges, such as driving without a valid license, and those need to be handled alongside the DUI rather than as an afterthought.

FAQs: Georgia DUI Lawyer

Here are answers to other questions drivers ask when deciding how to handle a DUI charge in Georgia.

01

Can a DUI be reduced to reckless driving in Georgia?

Sometimes, depending on the evidence, a Georgia DUI charge can be negotiated down to reckless driving, especially when there are problems with the stop, the testing, or the officer’s account. Reckless driving is still a misdemeanor, but a reckless driving conviction isn’t counted as a prior DUI under Georgia’s repeat-offense rules.

02

How much does a DUI cost in Georgia?

The total cost of a Georgia DUI usually goes well beyond the fine. Drivers may also pay court costs, probation fees, DUI school and clinical evaluation costs, a license reinstatement fee of $210 for a first offense, and higher insurance premiums for years afterward.

03

Will a DUI affect my CDL in Georgia?

Yes, a DUI can put a Georgia commercial driver’s license at risk even if you were driving your personal vehicle. Georgia applies a lower 0.04 alcohol limit while operating a commercial vehicle, and a DUI conviction can lead to CDL disqualification separate from the regular license suspension, so commercial drivers should talk to a lawyer before entering any plea.

04

Does a DUI from another state count in Georgia?

Yes. Georgia counts DUI convictions and accepted nolo contendere pleas from other states as prior offenses when the other state’s law is substantially similar, which means an out-of-state DUI can raise the penalty level of a new Georgia charge.

05

Will my DUI be published in the newspaper in Georgia?

For a second or later DUI conviction within five years, Georgia law requires the court clerk to publish a notice of conviction in the county’s legal organ, including the arrest photo, name, city, and details of the case. The convicted driver is also charged a fee for the cost of that publication.

Talk With a Georgia DUI Defense Lawyer Today

The earlier a defense lawyer is involved, the more options you’re likely to have, from protecting your license to challenging how the evidence was gathered. Call Hines Law Firm any time for a free, confidential consultation in English or Spanish, and we’ll walk you through your charge, your deadlines, and your next steps.

Results depend on the specific facts of each case. This page provides general information about Georgia law and is not legal advice.

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/ Areas We Serve

Convenient Offices Across Georgia & Tennessee

Atlanta

678-846-3161

Hines Law 1100 Circle 75 Pkwy SE, Suite 1200, Atlanta, GA 30339

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Austell

678-359-6025

Hines Law 5000 Austell-Powder Springs Road, Suite 282 Austell, GA 30106

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Gainesville

678-990-8905

Hines Law 175 John W. Morrow Junior Pkwy Gainesville, GA 30501

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Fayetteville

678-972-1521

Hines Law 101 Beckett Ln Ste 402 Fayetteville, GA 30214

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Marietta

678-679-4076

Hines Law 680 Powder Springs St SW #106-A, Marietta, GA 30064

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Dalton

706-661-8263

Hines Law 2709 Airport Rd Ste 105, Dalton, GA 30721

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Norcross

706-661-8296

Hines Law 2190 N Norcross Tucker Rd Suite 104A, Norcross, GA 30071

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Brentwood, TN

615-653-4875

Hines Law 105 Westpark Dr STE 355, Brentwood, TN 37027

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Areas We Serve
Acworth
Alpharetta
Atlanta
Austell
Braselton
Brentwood, TN
Cumming
Dalton
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Gainesville
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Lawrenceville
Marietta
Norcross
Sandy Springs