Georgia DUI & Traffic FAQ

Driving while intoxicated (DWI), operating a vehicle under the influence (OVI), or driving under the influence (DUI) are all ways to describe the same thing: intoxicated driving. Intoxication may be the result of alcohol or another chemical substance (e.g., marijuana) or both. To be a criminal offense in Georgia, your blood alcohol content must be at or above .08, you have an illegal chemical substance in your system, or your driving abilities were otherwise impaired to the extent you are a less safe driver.

Content provided by Lucas Cowan, Partner at Boggs, Cowan, & Fargione. Attorney Lucas Cowan is a partner at Boggs, Cowan, & Fargione, serving clients throughout Georgia.

In Georgia, there are many arrests made daily for DUI. Those arrested are often law-abiding citizens. At Boggs, Cowan, & Fargione, our DUI defense lawyer works hard to help you beat a DUI charge or to, at a minimum, help you achieve the goals for your unique situation. Contact us at 706-637-3343 to learn more about how we will help you. In the meantime, here are some of the most commonly asked questions we get from our clients when we first meet them about their DUI charge.

What is “blood alcohol content” level?

Blood alcohol content (BAC) is a measurement of the amount of alcohol found in the blood expressed as a percentage. It is calculated in grams per 210 liters of breath, and a BAC of 0.08 means there is 0.08% alcohol by volume. Measuring BAC is a way for law enforcement to calculate the amount of alcohol someone has had and their ability to drive a motor vehicle.

What are my rights during DUI traffic stops?

If you are pulled over due to suspicion of drunk driving or pulled over for a traffic stop and then the police officer suspects drunk driving, you should remember you have certain rights as a U.S. citizen.

The driver and any passengers have the right to remain silent (except you must show the police your driver's license, registration, and proof of insurance upon request); and
If you are a passenger, you are free to leave.

If you are arrested or detained, you have additional rights, including Miranda warnings.

You can say you wish to remain silent and ask for a lawyer immediately.
You have the right to make a local phone call.

If you believe your rights were violated in any way, try to write down everything you remember, including the police officer's agency (state police, county police, etc.), badge number, and patrol car number.

Can I refuse a breathalyzer test in Georgia?

You can refuse a breathalyzer test. These are portable instruments police have with them to test your breath for alcohol. The results of these tests are typically not admissible if you are, in fact, arrested and charged with a DUI driving offense.

Refusal, however, carries with it significant consequences. Those consequences depend on your jurisdiction, but you can expect any of the following:

Your license may be suspended.
You may be sentenced to jail time.
You may still face a DUI charge based on other criteria, such as field sobriety test results, witness testimony, and the police officer's observations.
You may be fined.

Also, if you refuse, the police officer may request a warrant to take a blood sample. Blood tests are more reliable than breath tests, and they can be more challenging to defend against if a case is filed against you.

What are standardized field sobriety tests (FSTs)?

Standardized field sobriety tests (FSTs) are tests approved by the National Highway Traffic Safety Administration (NHTSA). These tests are allegedly designed to help police determine whether a driver is intoxicated or not.

There are three standardized FSTs:

The results of these tests may be used as evidence against you in an intoxicated driving case. Non-standardized tests, on the other hand, are not validated by NHTSA and are typically not admissible as evidence.

Non-standardized FSTs include:

finger to nose test
the finger count test
the hand pat test
the alphabet test
the reverse counting test
the coin pickup test

Can I refuse field sobriety tests in Georgia?

The ability to refuse a field sobriety test is allowed in most jurisdictions, although there may be consequences, such as being asked to complete a breathalyzer test or provide a blood sample. A refusal to complete a field sobriety test typically does not carry the same serious repercussions as refusing a breathalyzer test.

After a DUI arrest in Georgia, will my driver's license be suspended or revoked?

There are two different types of suspensions. The first is an administrative suspension, and many jurisdictions will suspend your license if you refuse a breathalyzer or have a BAC over a certain level. This means you can lose your driving privileges even when you have not been found guilty of driving while intoxicated or under the influence of a chemical substance.

The other type of suspension occurs when you are convicted of a DUI. Whether your driver's license will be suspended or revoked depends on your jurisdiction, your BAC level, and whether this is your first offense.

What happens after a drunk driving arrest in Georgia?

If you are arrested for drunk driving, what happens next depends on the facts and circumstances surrounding your case. It's important to know that DUI arrests result in two processes after an arrest: (1) the administrative hearing, which results in civil penalties, like driver's license suspension; and (2) the criminal process, which can result in a conviction in the absence of a strong DUI defense. A conviction can lead to fines, driver's license suspension/revocation, imprisonment, ignition interlock device (IID) installation, and other penalties.

Can I still get auto insurance in Georgia after a drunk driving conviction?

Your ability to obtain or maintain auto insurance after a drunk driving conviction depends on whether it was your first conviction. You will likely find insurance after a first conviction, although your rates will increase significantly.

Note, however, that even if you have been convicted of only one drunk driving offense, you may still be required to obtain SR-22 insurance. SR-22 is a certificate of financial responsibility required by either your jurisdiction or a court order. This form is not insurance, but rather proof that your auto insurance policy meets the minimum liability coverage required by state law. A fee, which ranges from $300 to $800 on average, is most often charged to file this form.

Can I beat my drunk driving charge in Georgia?

It is possible to beat a drunk driving charge, although it is not typically an easy process. It will require a thorough understanding of the law and a thorough understanding of the technical nature of field sobriety tests, breath tests, blood tests, and urine tests. Understanding these tests is critical to identifying errors (technical or human-made errors) to highlight the unreliability of the results.

Aside from errors or unreliable test results, an alleged DUI offender may have had their constitutional rights violated. This happens more often than you might imagine. A violation can lead to the inadmissibility of some or all evidence. Without sufficient evidence, the case will be dismissed, or a jury may return with an acquittal.

You will need a drunk driving defense attorney to help you beat an intoxicated driving charge. These cases can be highly technical, as much as legally complex.

Can I just plead guilty to drunk driving?

An arraignment is a hearing where the defendant can plead guilty, no contest, or not guilty. You can plead guilty, but the real question is whether you should or not. It would be a mistake to plead guilty at this time, especially without the counsel of a drunk driving lawyer in Georgia, and there are multiple reasons for this:

If you plead guilty immediately, you lose any opportunity to fight the DUI charge.
If you plead guilty immediately, you also lose any opportunity for a plea deal, if that is what would be best in your unique circumstances. Admittedly, a plea deal means you would plead guilty, but the process can render a better outcome than an immediate plea of guilty. In some jurisdictions, you may be able to plead down to a lesser offense.
The sentencing is often harsher when given in response to a plea of guilty during the arraignment, as opposed to what a plea deal would entail or a sentencing after a conviction would impose. The reason is simple: you have time to mitigate and negotiate.

If it's your first drunk driving charge, it can be tempting to plead guilty right away so that you can get the case over faster and get on with your life. But if you do not fight to get the charge dismissed or to get yourself acquitted, it will be your first drunk driving charge. With the latter on your record, you want to keep in mind that subsequent DUI convictions will assuredly lead to harsher penalties.

Do I need a drunk driving lawyer in Georgia to win my DUI case?

If you plan to fight your drunk driving charges, it is in your best interest to have an attorney represent you. The law can be complex. The evidence can be highly technical and scientific. Police and state expert testimony can be damaging. All these things can lead to a conviction, unless you have the necessary skills and knowledge to successfully counter them. Most alleged DUI offenders do not have that kind of knowledge and skills.

How Much Does a DUI Defense Lawyer Cost?

There are a lot of factors to consider when determining the cost of a defense lawyer, like:

The experience of the lawyer
Whether you take a plea deal
Whether you go to trial
The costs of the experts if you go to trial

It also depends on whether the attorney charges by the hour or a flat rate. You can expect to pay anywhere between a $1,000 or upwards to $5,000 or more if the case is appealed. The more experienced lawyers will cost more, but they can save you more in the long wrong in terms of auto insurance and lost wages.

Why Should I Hire an Attorney for my DUI Charge?

Facing DUI (Driving Under the Influence) charges can be one of the most stressful experiences in a person's life. Beyond the immediate concerns of potential jail time, fines, and/or a license suspension, a DUI conviction can have far-reaching consequences that affect your employment, insurance rates, and personal reputation for years to come.

The Complexity of Georgia DUI Law

Georgia DUI law encompasses a complex intersection of criminal law, administrative procedure, scientific evidence, and constitutional rights. What appears straightforward at first glance—determining whether someone was driving while "less safe"—involves numerous legal and technical considerations:

Constitutional issues: Was the traffic stop legal? Were proper procedures followed during the Standardized Field Sobriety Tests like Horizontal Gaze Nystagmus (HGN), Walk & Turn, and One Leg Stand? Were chemical tests (e.g. blood test, breath test, or urine test) conducted properly as required by Georgia's Implied Consent Notice?
Scientific challenges: Are there legitimate questions about the accuracy or administration of blood, breath, or urine tests?
Procedural requirements: Were you properly informed of your rights? Was evidence handled according to proper protocols?
Administrative consequences: How will your driving privileges be affected, separate from any criminal penalties?

An experienced DUI attorney understands these nuances and can identify issues that may not be apparent to someone without legal training.

Potential Consequences Without Proper Representation

Without skilled legal counsel, individuals facing DUI charges may:

Accept unnecessary plea deals: Prosecutors often present initial offers that don't reflect the best possible outcome.
Miss critical defense opportunities: Technical or procedural errors that could lead to reduced charges or dismissal may go unnoticed.
Face maximum penalties: Judges typically impose harsher sentences on unrepresented defendants.
Suffer avoidable license suspensions: Administrative hearings regarding driving privileges require specific legal knowledge.
Experience long-term consequences: Employment difficulties, immigration issues, and insurance increases can persist for years.

What Boggs, Cowan, & Fargione Provides for DUI Charges in Georgia

1. Case Evaluation and Strategy Development

Mr. Cowan will conduct a thorough review of your case, including:

Analyzing police reports for inconsistencies or procedural errors
Examining maintenance records for testing equipment
Interviewing witnesses
Consulting with expert witnesses, if necessary
Developing a defense strategy tailored to your specific case

2. Protection of Constitutional Rights

Mr. Cowan can look at whether law enforcement violated your rights regarding:

Reasonable suspicion for the initial stop
Probable cause for arrest
Miranda warnings
Right to counsel
Protection against self-incrimination

3. Technical and Scientific Knowledge

DUI cases often hinge on scientific evidence. Boggs, Cowan, & Fargione understands:

The science behind breath and blood testing
Factors that can affect test accuracy
Medical conditions that might influence test results
Proper calibration and maintenance procedures for testing devices

4. Negotiation Skills

Mr. Cowan can negotiate with prosecutors to potentially:

Reduce charges
Minimize penalties
Arrange alternative sentencing options
Secure diversion programs where available

5. Court Representation

Should your case go to trial, Boggs, Cowan, & Fargione will provide:

Cross-examination of prosecution witnesses
Presentation of defense witnesses and evidence
Arguments regarding admissibility of evidence
Persuasive advocacy before judge and jury

6. Administrative Hearing Representation

Beyond the criminal case, we can represent you at DMV or administrative license hearings to:

Contest license suspensions
Secure limited driving privileges
Navigate the administrative process

The Cost-Benefit Analysis

Many people hesitate to hire an attorney due to concerns about cost. However, when weighing this decision, consider:

Financial impact: The long-term financial consequences of a DUI conviction (increased insurance premiums, lost employment opportunities, fines) typically far exceed legal fees.
Freedom and mobility: Potential jail time, license suspensions, and ignition interlock devices directly impact your freedom and ability to maintain employment.
Peace of mind: Professional guidance through a complex legal process provides invaluable reassurance during a stressful time.
Future prospects: A conviction remains on your record, potentially affecting employment, housing, and educational opportunities.

Timing Is Critical

The period immediately following a DUI arrest is crucial. Important deadlines for administrative hearings often expire within days of arrest. Evidence collection, witness interviews, and legal motions are most effective when initiated promptly.

Traffic Offenses in Georgia

Expert Legal Representation When Facing Traffic Charges

Those flashing blue lights in your rearview mirror can trigger immediate anxiety, whether you're facing a simple speeding ticket or a more serious traffic offense. At Boggs, Cowan, & Fargione, we understand that even seemingly minor traffic violations can have significant consequences for your driving record, insurance rates, and, in some cases, your freedom to drive.

We have extensive experience defending clients against all types of Georgia traffic violations, providing strategic representation to achieve the best possible outcomes. We guide you through every stage of the process, from initial consultation through final resolution.

Common Traffic Violations We Handle

Our practice covers the full spectrum of Georgia traffic offenses, including:

Moving Violations

Speeding and Super Speeder Violations: Georgia's Super Speeder law adds substantial penalties for excessive speeding. We work to reduce charges and minimize financial impact.
Reckless Driving: This serious misdemeanor charge carries potential jail time and significant license implications. Our attorneys understand how to effectively challenge these allegations.
Aggressive Driving: Weaving through traffic, tailgating, improper passing, and similar behaviors can result in this charge, which carries both criminal and administrative penalties.
Distracted Driving/Texting: Since Georgia's Hands-Free Law took effect, enforcement has increased dramatically. We can help you navigate these relatively new regulations.
Failure to Maintain Lane: Often associated with accidents or DUI investigations, this common charge requires careful defense strategy.
Failure to Stop/Yield: Whether at stop signs, traffic signals, or right-of-way situations, these violations can significantly impact your driving record.
Following Too Closely: This subjective standard often arises in accident cases and can be effectively challenged with proper representation.

Serious Traffic Offenses

Hit and Run: Leaving the scene of an accident carries severe penalties in Georgia, including potential felony charges in certain circumstances.
Racing: Distinguished from simple speeding, racing charges involve much more serious penalties and require specialized defense approaches.
Fleeing or Attempting to Elude: Failing to stop for law enforcement creates significant legal exposure that demands immediate legal attention.
Driving on a Suspended License: This offense can create a cycle of additional suspensions that becomes increasingly difficult to resolve without professional legal help.

Special Circumstances

Commercial Driver's License (CDL) Violations: Traffic offenses can be career-ending for professional drivers. We understand the special considerations necessary to protect your commercial driving privileges.
School Bus Violations: Unlawfully passing a stopped school bus carries particularly harsh penalties in Georgia courts due to safety concerns.
License Suspension Issues: Many traffic offenses can trigger automatic license suspension. We help protect your driving privileges and navigate reinstatement processes.

Potential Consequences of Traffic Violations

The impact of traffic violations extends beyond the immediate fine:

Point System Penalties: Georgia's point system can lead to license suspension when too many points accumulate within a specified timeframe.
Insurance Premium Increases: Even minor violations can cause significant insurance rate hikes, often lasting for years.
License Suspension: Certain violations trigger automatic suspension, while others contribute to point accumulation leading to suspension.
Enhanced Penalties: Prior violations can dramatically increase penalties for subsequent offenses.
Employment Consequences: Traffic records can affect employment opportunities, particularly in positions requiring driving.

Our Strategic Approach

When you retain Boggs, Cowan, & Fargione for your traffic violation defense, we provide:

1. Comprehensive Case Analysis

We thoroughly review all aspects of your case, including:

Officer's observations and documentation
Traffic stop justification
Equipment calibration records (for speeding cases)
Video evidence when available
Witness statements
Your driving history and record

2. Strategic Defense Development

Based on our analysis, we develop defense strategies that may include:

Challenging the legality of the traffic stop
Questioning equipment accuracy or maintenance
Disputing officer observations
Negotiating for reduced charges or alternative resolutions
Preparing for trial when necessary

3. Court Representation

We provide skilled advocacy in court proceedings:

Appearance at all hearings, sometimes without requiring your presence
Negotiation with prosecutors for favorable outcomes
Trial representation when advantageous
Mitigation of penalties when appropriate

4. License Protection Strategies

We help protect your driving privileges through:

Administrative hearing representation
Negotiation for non-reporting dispositions when possible
Pursuit of restricted licenses when full privileges cannot be maintained
Guidance through license reinstatement processes

The Advantage of Professional Representation

Many people question whether they need an attorney for "just a traffic ticket." Consider these advantages:

Point Reduction or Avoidance: In many cases, skilled representation can reduce or eliminate license points.
Fine Reduction: Legal representation often leads to reduced financial penalties.
Avoid Court Appearances: In most cases, our attorneys can appear on your behalf, saving you time and stress.
Prevent Insurance Increases: Favorable case resolutions can prevent costly insurance premium hikes.
Protect Your Driving Record: Professional representation provides the best chance of maintaining a clean driving record.

Time-Sensitive Considerations

Traffic violations involve critical deadlines:

Court appearance dates that cannot be missed
Administrative hearing request deadlines for license suspension issues
Evidence preservation timelines

Prompt action provides the best opportunity for favorable outcomes. Contacting Boggs, Cowan, & Fargione immediately after receiving a citation can ensure all deadlines are met and all defense options remain available.

Call Boggs, Cowan, & Fargione Today for a Free Case Evaluation

A DUI or traffic charge represents a serious legal matter with potential life-altering consequences. While representing yourself may seem like a cost-saving measure, the complexities of Georgia DUI and traffic law, and the high stakes involved, make professional legal representation not merely advantageous but essential. An experienced Georgia criminal defense attorney provides the knowledge, skills, and advocacy necessary to navigate this challenging situation and work toward the best possible outcome. Contact Boggs, Cowan, & Fargione if you have been charged with a traffic offense in Athens, Lawrenceville, Monroe, or anywhere else in Georgia. Schedule a free consultation by calling us at 706-637-3343 or emailing us here.