Common Mistakes People Make After A DUI Arrest In Georgia
When someone is arrested for driving under the influence in Georgia, the situation is frightening, stressful, and often confusing. I have represented many people in Marietta and across Georgia who faced DUI charges, and one thing I see repeatedly is that mistakes made immediately after an arrest can have long-lasting consequences. Georgia DUI laws are strict, and penalties can be severe, but many of the worst outcomes happen because of missteps that occur after the arrest itself. A DUI charge is not the same as a conviction, but what you do in the hours, days, and weeks following your arrest can make or break your case.
Talking Too Much To Police After The Arrest
One of the biggest mistakes people make after a DUI arrest is giving police too much information. You have the right to remain silent under the Fifth Amendment to the U.S. Constitution and Georgia law. Police officers may ask you questions after your arrest, but you are not required to answer anything beyond providing your name and basic identification. Too often, people try to explain themselves, argue, or make statements that later get used against them in court. Georgia prosecutors will seize on any admission of drinking or drug use to build their case under O.C.G.A. § 40-6-391, which governs DUI offenses. Protecting yourself starts with remaining calm and asking to speak with an attorney before giving statements.
Refusing To Take The DUI Arrest Seriously
Another mistake is underestimating the seriousness of a DUI charge. Georgia law treats DUI as a criminal offense, not a minor traffic violation. A first DUI conviction under O.C.G.A. § 40-6-391 can carry penalties including jail time, fines, probation, community service, and a license suspension. Many people think that a first offense is something that can be dismissed easily, but the reality is different. Judges and prosecutors treat DUI cases with urgency because of public safety concerns. Failing to take your case seriously early on can make defending it much harder.
Missing The 30-Day Deadline To Save Your Driver’s License
One of the most damaging mistakes is missing the deadline to request an administrative license suspension hearing. Under O.C.G.A. § 40-5-67.1, you only have 30 days from the date of your arrest to request a hearing to fight the suspension of your driver’s license. If you miss this deadline, your license will be suspended automatically, even before your criminal case is resolved. This hearing is separate from your criminal case, but it is critical for protecting your ability to drive. Many people lose their driving privileges simply because they were not aware of this short deadline.
Assuming You Have No Defense
Many people believe that once they are arrested for DUI, conviction is unavoidable. This is not true. Georgia DUI cases involve complex procedures, and there are often strong defenses available. Police officers must follow strict rules during traffic stops, field sobriety tests, and chemical testing. If they fail to follow these procedures, evidence may be excluded. Under O.C.G.A. § 17-5-30, for example, evidence obtained through an unlawful search or seizure may be suppressed. Assuming you have no defense and pleading guilty without reviewing your options is one of the costliest mistakes you can make.
Representing Yourself In Court
Another mistake people make is trying to handle a DUI case without an attorney. Georgia DUI law is complex, and prosecutors are trained to secure convictions. Representing yourself means going up against experienced prosecutors without the legal knowledge you need. Without a proper defense, you risk harsher penalties and a permanent criminal record. Having an attorney can make a significant difference in the outcome of your case.
Ignoring The Long-Term Consequences Of A DUI Conviction
Finally, many people fail to consider the long-term consequences of a DUI conviction. Beyond the fines, jail time, and license suspension, a DUI conviction becomes part of your permanent criminal record. Employers, landlords, and even schools may see this record in background checks. Under O.C.G.A. § 40-6-391(c), DUI convictions cannot be expunged in Georgia. That means a conviction can follow you for life. The mistake of thinking a DUI is only about short-term penalties often leaves people facing long-term problems that could have been avoided with the right defense.
Frequently Asked Questions About DUI Arrests In Georgia
What Happens To My Driver’s License After A DUI Arrest In Georgia?
After a DUI arrest, the Georgia Department of Driver Services (DDS) will move to suspend your driver’s license. Under O.C.G.A. § 40-5-67.1, you have only 30 days to request an administrative license suspension hearing. If you do not act within this time, your license will be suspended automatically. This suspension can last up to 12 months depending on your case. Protecting your license requires immediate action and legal representation to argue your case before the DDS.
Can I Refuse A Breathalyzer Test In Georgia?
Yes, but refusal carries serious consequences. Georgia’s implied consent law under O.C.G.A. § 40-5-55 requires drivers to submit to chemical testing when lawfully arrested for DUI. Refusing a test results in an automatic one-year license suspension. Prosecutors may also use your refusal as evidence in court. While refusal may limit certain types of evidence, it does not prevent the state from pursuing charges, and the penalties for refusal are often severe.
What Are The Penalties For A First DUI Conviction In Georgia?
Under O.C.G.A. § 40-6-391(c)(1), a first DUI conviction carries penalties including a fine between $300 and $1,000, jail time of 10 days to 12 months (though part may be suspended), at least 20 hours of community service, completion of a DUI Risk Reduction Program, and a 12-month probation period. Your driver’s license may also be suspended for up to one year. While courts sometimes reduce penalties, they are required to impose certain minimums.
Will A DUI Conviction Stay On My Record Forever?
Yes. Georgia does not allow DUI convictions to be expunged or restricted under O.C.G.A. § 40-6-391(c). Once you are convicted, it remains on your permanent criminal record for life. This can affect employment, housing, professional licenses, and even insurance rates. This is why it is so important to fight DUI charges aggressively from the beginning rather than accepting a conviction.
Can I Be Charged With DUI If I Was Under The Legal Limit?
Yes. Georgia law allows prosecutors to charge someone with DUI even if their blood alcohol concentration (BAC) is below 0.08 percent. Under O.C.G.A. § 40-6-391(a)(1), you can be convicted if the state can prove you were impaired to the point of being unsafe to drive. This means that alcohol, drugs, or even prescription medications that impair your driving ability can result in a DUI charge. Many people are surprised to learn they can face DUI charges even with a BAC under the legal limit.
Should I Plead Guilty To A DUI In Georgia?
Pleading guilty without reviewing your case is one of the most serious mistakes you can make. Georgia DUI cases often involve errors in the stop, testing, or arrest that can create defenses. Pleading guilty gives up your right to challenge evidence or negotiate a better outcome. Once you plead guilty, you cannot reverse the decision. An attorney can review your case, identify defenses, and help you make an informed decision about the best strategy for your situation.
Call The Mazloom Law Firm, LLC Today
If you have been arrested for DUI in Georgia, you may feel overwhelmed and uncertain about your future. At The Mazloom Law Firm, LLC, we understand the stress you are under and the consequences you face. We work aggressively to protect your rights, challenge the state’s case, and pursue the best possible outcome for your situation. With offices in Marietta, Atlanta, and throughout Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale counties, we are ready to defend your rights wherever you are charged in Georgia.
To receive a free consultation, call our Marietta DUI defense lawyer at The Mazloom Law Firm, LLC, by calling 770-590-9837. Do not let one mistake define your future. Let us fight for you, protect your rights, and work toward the best possible resolution of your case.
