A DUI arrest can hit hard. You may be worried about your job, your family, and what will happen in court. Driving under the influence is an offense that Georgia takes seriously. You could be facing jail time, heavy fines, license loss, and long-term damage to your reputation and career.
Speights Law’s team includes former prosecutors and trial attorneys with 122 years of combined experience. We know how DUI cases work, and we will defend you. Our Cumming DUI defense lawyer will listen to you and aggressively defend your case.
We will give you clear, honest answers and fight for the best outcome for your situation. A Cumming criminal defense lawyer from our team is ready to stand with you, whether you are under investigation or already charged. Call us today for a free consultation.
What Counts as a DUI Under Georgia Law?
Georgia takes DUI charges seriously, and the legal limit depends on the type of driver you are. Most drivers are over the limit if their blood alcohol concentration (BAC) is 0.08% or higher. But for others, the limit is even lower:
- Commercial drivers: 0.04% BAC
- Drivers under age 21: 0.02% BAC
Police can also arrest you on a DUI charge if they believe alcohol or drugs—even legal prescription medication—have impaired your ability to drive safely. We will help you understand Georgia’s DUI laws and how they affect your case.
What Georgia’s Impaired Driving Laws Cover and How DUI Is Defined
Georgia outlines several types of DUI, including DUI per se (based on BAC) and DUI less safe (based on behavior and field sobriety tests, even without a BAC result).
Georgia’s impaired driving laws apply to alcohol, illegal drugs, and even some prescription medications that affect your ability to drive safely.
Examples of DUI in Georgia include:
- Driving after drinking several beers at a bar and failing a breathalyzer test
- Taking prescribed painkillers and drifting out of your lane while driving
- Being under the influence of marijuana and showing signs of impairment during a traffic stop
DUI Penalties in Georgia
Georgia takes DUI charges seriously. Even a first offense can lead to jail time, fines, community service, and a suspended driver’s license. The penalties get much tougher if you’ve had a prior DUI in the last 10 years or if you hold a commercial driver’s license.
If you’re convicted, you may be ordered to:
- Spend time in jail or prison
- Pay hundreds or even thousands in fines
- Complete community service
- Attend DUI School or substance abuse treatment
- Lose your driver’s license for months or years
In Georgia, a third offense can lead to being labeled a “habitual violator” and losing your license for good.
These penalties go beyond the courtroom. A DUI conviction can affect your job, your family, and your future. That’s why it’s so important to take your case seriously from the very beginning.
How Our Cumming DUI Defense Attorneys Can Help
You don’t have to go through this alone. Our defense lawyer handling DUI cases in Cumming will do much more than stand next to you in court.
Here’s how we help:
- Review the facts: We look at every detail of your arrest and the traffic stop in Cumming.
- Challenge the evidence: Faulty breath tests, unlawful searches, or weak field tests can be challenged.
- Handle court procedures: We represent you at arraignment, bond hearings, motions, and trial.
- File an appeal: If the court made legal errors, we can file for an appeal.
- Protect your license: We help you with your administrative license suspension (ALS) hearing and fight for your driving privileges.
- Negotiate outcomes: We fight to reduce charges or get your case dismissed when possible.
During your free consultation, we will explain Georgia law in plain language and keep you informed every step of the way. Our team gives you straightforward advice—no games, no runaround.
To explore your legal options and next steps, contact us today for a free consultation.
What Sets Speights Law Apart
We don’t treat you like just another case file. At Speights Law, we provide:
- Aggressive representation: We push back hard against weak or flawed charges.
- Former prosecutors: We understand both sides of the courtroom and use that insight for your benefit.
- Clear communication: You’ll always know what’s going on. We return your calls and explain everything in detail.
- Respect and understanding: We don’t judge your situation. We help you fix it.
Whether it’s your first offense or not, our job is to fight for your future. Let’s get started today. Contact us for a free consultation.
When Should You Hire a Defense Lawyer for a DUI in Cumming?
You don’t have to wait to be formally charged in a drunk driving case. We encourage you to reach out to us as soon as possible.
You should speak with a lawyer if:
- You’re under arrest for DUI in an intoxicated driving case.
- You’re being questioned by the police.
- Authorities have asked you to take a field sobriety test.
- You’re worried that charges might be coming.
The earlier you call, the better chance we have to protect your rights and build your defense. Police may already be gathering evidence against you. We will get to work on your behalf before it’s too late to take action.
What to Expect After a DUI Charge in Cumming, GA
After a DUI arrest in Cumming or anywhere in Forsyth County, you’ll go through several legal steps. Knowing what to expect can ease the stress and help you prepare.
Here’s a basic overview of what comes next:
- Arrest and booking: Police will take your fingerprints, photograph you, and possibly hold you overnight or longer if bail is required.
- License suspension: Your license may be suspended right away. You have only 30 days to request an administrative license hearing with the Georgia Department of Driver Services (DDS) to fight it.
- Arraignment: This is your first court appearance, where you’ll enter a plea of guilty or not guilty. Our team will be there to represent you and advise you on what to say.
- Pre–trial phase: We’ll investigate your case, request video or police reports, and file any necessary motions. This is when we often negotiate with the prosecutor to reduce or dismiss charges.
- Trial (if necessary): If we can’t reach a deal or dismissal, we will go to trial and defend your case in court.
- Sentencing or appeals: If convicted, the court will decide your punishment. We’ll fight for the lightest possible outcome. If your rights were violated, we may file an appeal.
You don’t have to face this process alone. The sooner you involve an experienced Cumming criminal defense lawyer, the more options you’ll have.
Possible Defenses Against DUI Charges in Georgia
Just because you are facing DUI charges doesn’t automatically mean you will be convicted. There are many ways to challenge the case against you. Our team will look at every detail of your situation and build your defense.
Common defenses in DUI cases include:
- Unlawful traffic stop: If the officer had no legal reason to pull you over, we may be able to get your case thrown out.
- Faulty breathalyzer results: Breath tests can be inaccurate due to machine errors, poor calibration, or how the test was done.
- Improper field sobriety tests: These tests are subjective. Fatigue, nerves, or medical conditions can affect your performance.
- Lack of probable cause: If the officer didn’t have enough evidence to arrest you, we may challenge the entire stop.
- Rising BAC defense: Alcohol takes time to enter your bloodstream. You might have been under the limit while driving but tested over the limit later.
- Medical conditions or legal medications: Certain health issues or prescriptions can mimic signs of impairment or impact test results.
No two DUI cases we handle are the same. That’s why our Cumming drunk driving defense lawyers take the time to hear your side and build a defense that fits your exact situation.
Get Help From Our Cumming DUI Defense Lawyer Today
Don’t let one mistake define your life. You deserve a strong defense and someone who will stand with you through the entire process. Our Cumming DUI defense lawyer will handle your case from start to finish and protect your rights.
We will seek the best outcome for your situation and help you move forward. Call Speights Law now for a free, confidential consultation. Our team is ready to listen and help you protect your freedom.
