DUI Lawyer in Northwest Georgia

DUI Defense Attorney

If you've been charged with a DUI (Driving Under the Influence) in Northwest Georgia, you're facing serious legal consequences that can have a profound impact on your future. At Walt Law, our dedicated DUI Defense Attorney, Walt Moffitt, understands the complexities of DUI law and is committed to providing aggressive representation to protect your rights and achieve the best possible outcome for your case. Walt Moffitt is a veteran criminal defense attorney with decades of experience defending DUI Georgia law charges in NW Georgia.

A GA DUI arrest usually triggers an IMMEDIATE driver’s license suspension. You likely must appeal or install an IID (ignition interlock device). This all happens immediately after arrest for DUI, so you must appeal within 30 days or opt for the ignition interlock device under O.C.G.A. 40 5 64.1. 

Those charged with DUI need to know that (before the arrest for DUI) the roadside tests (called field sobriety tests) are all VOLUNTARY. Don’t attempt these bogus, non-scientific tests, since officers will claim that this is “evidence of impairment.” Plus, only your name and address are required to be given, nothing more.



Georgia DUI Consequences

10 Important Facts to know about Georgia DUI Laws & A First Time DUI In NW GA

1. Is DUI a misdemeanor in GA? Usually, yes. But a 4th DUI within 10 years (using dates of arrest) is a felony in Georgia, but only if convicted of that driving while intoxicated charge.
2. Should I fight a 1st offense DUI? Yes, by all means. By far, a first offence DUI will be the easiest for a skilled drunk driving lawyer near me to negotiate down to a lesser charge. Those who squander this chance to win often have to deal with this huge mistake when arrested again and then are possibly looking at lengthy jail term
3. If I refused the post-arrest implied consent testing, can I get a GA DUI driving permit? Such a permit may be available after a criminal conviction, but if your arresting officer started a DUI refusal ALS (administrative license suspension) action, you may not be permitted to get any restricted permit. If you lose the contested hearing before an administrative law judge, your driving privileges will be suspended. Many drivers, though, will be eligible to forego a DDS GA appeal and opt for a 12 months’ ignition interlock restricted limited driving permit.
4. What is a DUI less safe? A Georgia DUI less safe case means that no post-arrest forensic test was obtained from the driver. A less safe DUI is typically easier than a case where the client took the post-arrest breath alcohol tests or a blood test and was above the legal limit. A DUI less safe in GA, however, puts that driver at risk of a total license suspension for 12 months, with no limited permit.
5. Can I get a concealed weapons permit with a DUI in Georgia? Yes, you can.
6. Is completing the DUI Risk Reduction course in Georgia (also called “DUI school”) a wise move? Because it provides an intensive re-education about risky driving, it cannot hurt to take the course. Some top DUI attorneys have clients take that course voluntarily and use the completion of the safety course and DUI re-offense risk assessment as leverage to try to get a DUI reduced.
7. How long does DUI stay on record in Georgia insurance records? Usually for 3 years.
8. What is the statute of limitations Georgia DUI rule? Two (2) years is the general rule for an accusation to be filed into court, but several exceptions (e.g., the COVID delay) may apply to extending that time frame, like if the accused person absconded and could not be found within the State of Georgia.
9. Will getting a drug and alcohol evaluation for DUI in Georgia help my cause? In certain situations, your attorney for DUI near me may suggest getting a clinical evaluation from a licensed counselor in GA to be used to try to strike a plea bargain to a lesser crime.

• What is the Georgia DUI limit for drivers in Georgia?

  10.  Under the age of 21, there is a zero tolerance, but the “number” is 0.02 grams percent, since breath machines will have some variability between the two successive exhalations. CMV drivers (commercial motor vehicles) are held to 0.04 grams percent when driving their commercial rig. All others age 21 and over are held to 0.08 gr. %. in GA.