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Georgia DUI: Driving Under the Influence & Implied Consent Laws

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Most DUI’s in Georgia occur from a routine traffic stop, and as a result, the driver can legally challenge, and the government must prove that the traffic stop was in compliance with both US and Georgia Constitutions.  Once the traffic stop occurs, the police must follow specific policies and procedures for determining whether a driver should be arrested for drunk driving.  Part of those policies and procedures include the Standardized Field Sobriety Tests, Horizontal Gaze Nystagmus, Walk & Turn and the One Leg Stand Test,  as outlined by the National Highway Traffic and Safety Administration (NHTSA).  Police must adhere to specific protocols as to not compromise the validity of the probable cause needed for a DUI arrest. If the tests are not administered according to the guidelines sanctioned by the NHTSA, an experienced DUI Lawyer can and will challenge the evaluations made by the arresting officer.

After the Georgia DUI arrest, law enforcement must comply with proper notice and testing of the driver’s blood, breath or urine.  These Implied Consent testing rules must be followed, or the GA DUI case can be thrown out. The actual testing of the driver’s blood, breath or urine must be performed correctly and these tests are subject to a reliability challenge in court.

Our Georgia DUI lawyers know the motions to file and the procedures to follow in order to review evidence such as videos and police reports. We also know how to attack the government’s case and attempt to get the charges thrown out before trial or obtain a favorable plea bargain.

Some of the many consequences of a DUI/ Drunk Driving conviction in Georgia are mandatory jail time, up to a $1,000 fine, license suspension, substantially higher insurance rates and a criminal record. An arrest for Georgia DUI is not a simple traffic ticket, it is a serious criminal matter that requires a Georgia DUI Lawyer.  Call or Email us immediately, so we can help.

About the author: John Breakfield is a Criminal Defense Lawyer with Breakfield & Associates, Attorneys in Gainesville, Georgia and handles matters regarding a Georgia DUI conviction and Criminal Defense.  Our lawyers have some of the same Georgia DUI training that law enforcement has received. Mr. Breakfield has completed and passed the NHTSA course for Standard Field Sobriety Testing.  We believe it is important that a Georgia DUI attorney know the tests that the officer performed and whether they were done correctly.

The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with a Georgia defense attorney on your specific situation in order to determine an appropriate legal course of action.

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