Have You Been Pulled Over After a Night Out?
Nothing can ruin a great Summer night in Georgia like seeing those red and blues in your rearview mirror. You already know you may be a little more tipsy than you thought, and now you’re being asked to complete a field sobriety test. You didn’t do too well on that, and the breathalyzer test is looking just as bad.
You’re ready to repay your debt to society, but you’re noticing some inconsistencies. The cop who arrested you said you were arrested for a DWI, or driving while intoxicated. The ticket you got even says DWI, but everything you’re finding online talks about a DUI, or driving under the influence. You’ve gotten some documentation in the mail, and it also says you have been charged with a DUI.
Which one is right? Are there differences between a DWI and a DUI? Can you accidentally prepare for the wrong thing and end up unprepared on your day in court?
Scheer, Montgomery & Call, P.C. is here to help get you through this. We will help you understand the difference between a DWI and DUI, as well as coming up with an effective strategy to defend your rights.
Call 912-233-1273 to speak with a DUI attorney who is ready to help you navigate this potentially life-altering process.
What is the Difference Between a DUI and a DWI?
We hope to clear things up for you. In Georgia, there isn’t a legal distinction between a DUI and a DWI. While other states may use both terms to classify different levels of impairment, Georgia law only uses DUI as the single term for all impaired driving offenses.
With that said, DUI charges in Georgia can be broken down into two main categories:
- DUI “Per Se” – This is based on your blood alcohol concentration, or BAC. If you are driving with a BAC of 0.08% or higher (0.02% for drivers under 21, 0.04% for commercial drivers), the state doesn’t have to prove impairment, just that your BAC was over the legal limit.
- DUI “Less Safe” – Applies when you are allegedly impaired by drugs or alcohol, but may not be over the legal limit. The prosecution will argue that your ability to drive was noticeably affected.
Regardless of terminology, both types have the potential to carry serious penalties under Georgia law.
What Penalties Come With a DUI Conviction in Georgia?
A DUI conviction in Georgia triggers both criminal and administrative consequences. Penalties increase with each offense and can vary based on factors like BAC level, age, and whether anyone was injured.
For a first DUI conviction:
- Up to 12 months in jail (though most cases include a 24-hour mandatory “sober period” instead)
- Fines that usually fall between $300 and $1,000
- A license suspension that can last up to a year
- At least 40 hours of community service
- Required completion of a DUI Risk Reduction Program
- Probation for up to a year
- Possible ignition interlock device, depending on the case
If it’s not your first time, or if your case involves serious aggravating factors, the consequences get steeper:
- Longer jail time and higher fines
- Multi-year license suspension or even a full revocation
- More community service
- Mandatory substance abuse counseling or treatment
- In some cases, you could even lose your vehicle entirely
The Broader Impact of a DUI in Georgia
Beyond the courtroom, a DUI can follow you for years in ways that have nothing to do with fines or jail time:
- Loss of employment – Especially for jobs requiring driving or a professional license
- Higher insurance premiums – Often dramatically increased for several years
- Permanent criminal record – Georgia does not allow DUI convictions to be expunged
- Limited housing opportunities – Some landlords may deny applications based on a DUI conviction
- Damage to personal reputation – Especially in small communities or among professional peers
Even a first-time offense can create long-term consequences that extend far beyond the initial arrest.
What Should You Do After a DUI Arrest in Georgia?
If you’ve been arrested for a DUI, what you do in the first few days matters more than you may know.
After being charged with a DUI, you should:
- Read everything you’re given – You have 30 days to request an Administrative License Suspension (ALS) hearing to challenge your license suspension. If you miss that, your license could automatically be suspended.
- Understand your license status – Refusing a breath test or blowing over the limit can trigger immediate suspension under Georgia’s implied consent laws.
- Keep quiet – Don’t offer any more information than necessary to the cops, jail staff, or prosecutor, without first speaking to a DUI attorney. Don’t speak about the arrest with anyone, including friends and family.
- Write down everything – The details you remember, why you were pulled over, what the officer said, field sobriety instructions, anything that may help your defense strategy.
- Contact a DUI attorney – The sooner you get legal help, the better your chances of protecting your rights and limiting long-term damage.
Georgia’s DUI process moves fast, and the penalties can become serious. Acting early on gives you the best shot at a fair outcome.
Why Should You Hire a DUI Attorney?
A DUI conviction in Georgia can impact your license, job, and future. The law is technical, and even first-time offenders face serious penalties, especially if you are a CDL holder. A DUI attorney understands how to challenge breath tests, scrutinize procedures, and fight for reduced charges or even a dismissal. With Shceer, Montgomery & Call, P.C., you won’t have to navigate this alone.
Call 912-233-1273 to speak with a defense attorney who knows how Georgia handles DUI cases and what it takes to protect your record, driver’s, and professional licenses, and especially your freedom. Early action will make all the difference, so act fast!
