What Happens When You Get a DUI?

Answer:

A DUI arrest in Georgia initiates two simultaneous proceedings — a criminal case and an administrative license proceeding. At the scene, once probable cause is established, the driver is arrested, held for a mandatory minimum of six hours under O.C.G.A. § 40-6-391.1, and required to decide whether to submit to or refuse chemical testing after the implied consent notice is read. Refusal triggers an immediate administrative license suspension; a result at or above 0.08 BAC triggers both a per se DUI charge and a suspension. Either way, the driver has exactly 30 days to request an ALS hearing or the suspension becomes automatic — a 12-month hard suspension for refusal with no limited permit. On the criminal side, a first DUI conviction under O.C.G.A. § 40-6-391(c)(1) carries at minimum 24 hours in jail, a fine of $300 to $1,000, 40 hours of community service, 12 months of probation, DUI school, a clinical evaluation, and a 12-month license suspension. A fourth DUI is a felony carrying one to five years in prison.

A DUI arrest in Georgia initiates multiple simultaneous legal proceedings — a criminal case and an administrative license proceeding — each with its own deadlines, standards, and consequences. Understanding both tracks, and the immediate steps that must be taken to protect your rights, is critical in the hours and days following a DUI arrest.

The Arrest: What Happens on the Scene

A DUI investigation typically begins with a traffic stop, a checkpoint, or a call reporting an impaired driver. Once an officer develops probable cause to believe a driver is impaired, the driver is placed under arrest, handcuffed, and transported to jail. Under O.C.G.A. § 40-6-391.1, a person arrested for DUI must be held in custody for a minimum of six hours before being released, regardless of their BAC at the time of arrest or the circumstances of the case. This mandatory hold period exists to allow the driver to sober up before being released.

During the arrest process, the officer is required under O.C.G.A. § 40-5-67.1 to read the driver the implied consent notice — a standardized warning advising the driver that Georgia law requires submission to chemical testing (breath, blood, or urine) and that refusal will result in license suspension. The driver must then decide whether to submit to the requested test or refuse.

Chemical Testing: Breath, Blood, and the Decision to Refuse

The chemical test most commonly used in Georgia DUI cases is the Intoxilyzer 9000, a breath testing instrument operated at the jail or law enforcement facility. The Intoxilyzer 9000 is the only breath test instrument approved for evidentiary use in Georgia DUI prosecutions — its results are expressed as a blood alcohol concentration (BAC) and are admissible in court. Results at or above 0.08 grams per 100 milliliters of blood (or equivalent) are per se evidence of DUI under O.C.G.A. § 40-6-391(a)(5).

If a blood test is requested — which is more common in DUI-drugs investigations — the driver is transported to a medical facility or the officer obtains a warrant for a blood draw. Blood samples are analyzed by the Georgia Bureau of Investigation (GBI) Crime Laboratory.

The decision whether to submit to or refuse chemical testing is one of the most consequential a DUI suspect will make. Refusal to submit triggers an immediate administrative license suspension under O.C.G.A. § 40-5-67.1, and the refusal is admissible at trial as circumstantial evidence of consciousness of guilt. Submission to testing that yields a result at or above the legal limit results in both a per se DUI charge and an administrative license suspension. Either way, the 30-day deadline to request an ALS hearing is critical.

The 30-Day ALS Deadline: Do Not Miss It

When a driver’s license is confiscated following a DUI arrest — whether for a test result over the legal limit or a refusal — the officer issues a DDS Form 1205, which serves as a 30-day temporary driving permit. This form also puts the driver on notice that their license will be administratively suspended unless they request an Administrative License Suspension (ALS) hearing within 30 days of the arrest date.

This 30-day deadline is absolute. Failure to request an ALS hearing within 30 days results in automatic suspension of driving privileges on day 46 after the arrest, with no further opportunity to contest the suspension through the administrative process. For a driver who refused testing, that means a 12-month hard suspension with no limited permit available. For a driver whose test result exceeded the legal limit on a first offense, it means a 30-day hard suspension followed by 12 months on an ignition interlock device.

An experienced DUI defense attorney should be retained immediately after arrest so that the ALS hearing request can be filed before the deadline. The ALS hearing itself provides an independent opportunity to challenge the lawfulness of the stop, the arrest, and the implied consent process — and a favorable outcome at the ALS hearing can preserve driving privileges independently of the criminal case outcome.

Bond and Release from Custody

After the mandatory six-hour hold, the defendant may be released from custody upon posting bond. Bond amounts in DUI cases are typically set by schedule at the county jail and may be paid directly or through a licensed bail bondsman. First-offense DUI defendants are usually released within hours of the mandatory hold period ending, provided no aggravating circumstances are present (such as prior DUI convictions, accidents with injuries, or a suspended license at the time of the stop).

The Criminal Case: First Offense Penalties

The criminal DUI case proceeds on a separate track from the ALS proceeding. For a first DUI conviction in Georgia, the mandatory minimum penalties under O.C.G.A. § 40-6-391(c)(1) include: a minimum of 24 hours in jail (with a maximum of 12 months), a fine of $300 to $1,000 plus surcharges, 40 hours of community service, 12 months of probation (less any jail time served), completion of a DUI Alcohol or Drug Use Risk Reduction Program (commonly called DUI School), a clinical evaluation and compliance with any recommended treatment, and a 12-month license suspension (subject to the ALS proceeding outcome).

For a second DUI within 10 years, the minimum mandatory jail time increases to 72 hours (up to 12 months), the fine increases to $600 to $1,000, community service increases to 30 days, and the license suspension extends to 3 years. A third DUI within 10 years is classified as a high and aggravated misdemeanor with a minimum of 15 days in jail. A fourth DUI is a felony under O.C.G.A. § 40-6-391(j), carrying one to five years in prison.

The Criminal Process from Arrest to Resolution

First-offense DUI cases are typically prosecuted in State Court (for arrests by city or county law enforcement) or Municipal Court (for arrests within a city’s jurisdiction). The process runs from arraignment through discovery, pre-trial motions, and ultimately either a negotiated plea or a jury trial. Defense attorneys in DUI cases scrutinize every aspect of the case: the legality of the traffic stop, the administration of field sobriety tests, the implied consent warning, the operation and calibration records of the breath test instrument, and the chain of custody for any blood sample.

Suppression of key evidence — particularly the chemical test result — can dramatically change the posture of a DUI case. A successful motion to suppress can reduce the charge, result in a favorable plea negotiation, or render the government’s case insufficient to proceed. Given the mandatory minimum penalties and the collateral consequences of a DUI conviction — including the insurance impact, professional licensing implications, and impact on CDL holders — an aggressive, thorough defense is always warranted.

Learn more about our Gainesville DUI defense representation.