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Atlanta Criminal Defense Lawyers > Blog > DUI > Can You Go To Jail For DUI In Georgia?

Can You Go To Jail For DUI In Georgia?


Being charged with a DUI can be a frightening experience. When facing DUI charges in Georgia, it’s important to know the possible penalties you could face. Georgia has some of the strictest laws in the nation when it comes to driving under the influence, so you need to be aware of what you are up against.

The first question many have is: “Can I go to jail for DUI in Georgia?” Our Dekalb County DUI lawyers at Hawkins Spizman Trial Lawyers can help defend you against DUI charges to avoid or minimize possible penalties, which may include jail time.

Can You Go to Jail for DUI in Georgia?

In short, yes. Depending on the severity of your offense and other factors such as injury or property damage as well as the number of prior convictions, you may face jail time if convicted of a DUI in Georgia. A jail sentence could range between 1-10 days and 1-5 years. Any subsequent offenses could result in additional jail time, higher fines, and longer license suspensions.

What Are Other Possible Penalties for DUI?

Not only could you face jail time if convicted of a DUI in Georgia, but other penalties may also apply depending on your circumstances. According to Georgia Code § 40-6-391, potential penalties include fines (which can range from $300-$5,000), license suspension or revocation (up to 5 years), community service (up to 30 days), ignition interlock device, and/or probation.

What Are Possible Defenses to DUI Charges?

It’s important to remember that just because someone is charged with a DUI does not mean they will be convicted—everyone accused is innocent until proven guilty beyond a reasonable doubt.

There are several defenses available depending on the facts and circumstances surrounding your case. These include:

  • faulty equipment used during breath tests and traffic stops
  • lack of probable cause for the stop and/or arrest
  • rising alcohol levels after driving due to drinking after driving but before testing
  • medical conditions that affect test results such as acid reflux or diabetes
  • inaccurate field sobriety tests due to physical limitations
  • improper calibration of breathalyzers
  • violation of Miranda rights

An experienced attorney could help identify these defenses and create an effective defense strategy suited specifically for your case.

How Can a Lawyer Defend You Against DUI Charges?

A lawyer experienced in defending against drunk driving charges can protect your rights throughout your case proceedings. An attorney who specializes in handling DUIs can provide invaluable assistance by:

  • assessing all applicable legal defenses available based on their knowledge of relevant laws and court precedent;
  • negotiating plea agreements;
  • filing appropriate motions;
  • reviewing evidence;
  • ensuring compliance with court orders;
  • challenging witness testimony;
  • representing you at trial;
  • conducting legal research;
  • compiling evidence; and
  • navigating complex court proceedings, among others.

A successful defense against drunk driving charges requires specialized knowledge about applicable laws, evidence-gathering techniques, courtroom procedures, trial strategies, and appeals processes – something an experienced lawyer specializing in DUIs is best equipped with providing effectively and efficiently.

Do Not Face Your DUI Charges Alone

If you were arrested for DUI in Georgia, you might be worried about a possible jail sentence. However, just because you are facing DUI charges does not necessarily mean that you will be convicted and/or go to jail.

Our lawyers at Hawkins Spizman Trial Lawyers can help you prepare the best possible defense strategy for your case. We represent people facing DUI charges in Dekalb County, Gwinnett County, Fulton County, Dunwoody, Atlanta, Sandy Springs, Johns Creek, and Alpharetta. Call 770-685-6400 now to schedule a free consultation.

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