First Offense DUI in Georgia
You have thirty (30) calendar days from your arrest to request an administrative hearing.
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.00Blood Alcohol Content
.00.08 Legal Limit.15+ High BAC.25
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Defense Strategy
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State of Georgia — Uniform Traffic Citation
The charges below are taken directly from a real Georgia DUI citation. Every one of them has a weakness the prosecution hopes you won't find. Tap each charge to reveal the defense strategy an experienced attorney would use to challenge it.
Tap each charge below to uncover what the prosecution doesn't want you to know.
014
Charge Against You
"Subject failed Field Sobriety Tests"
Defense Reality
Were the tests administered on a level, well-lit surface? Was a medical pre-screen conducted for injuries, disabilities, or medications? NHTSA requires specific conditions that officers routinely ignore—making the results inadmissible.
027
Charge Against You
"Breathalyzer result: .08+ BAC"
Defense Reality
We subpoena the machine's maintenance logs and calibration history. The Intoxilyzer 9000 must be calibrated every 90 days—gaps in the record can invalidate the reading entirely. Operator certification, mouth-alcohol contamination, and rising BAC are all viable challenges.
041
Charge Against You
"Officer observed signs of impairment per NHTSA protocol"
1. Horizontal Gaze Nystagmus (HGN)
Officer must hold stimulus 12-15 inches from nose, check both eyes for 4+ seconds per pass.
Common miss: Officers rush the test or fail to check for equal pupil size and resting nystagmus before starting.
2. Walk-and-Turn (WAT)
Subject must walk 9 heel-to-toe steps, turn, and walk 9 steps back on a real or imaginary line.
Common miss: Test administered on uneven surface, in poor lighting, or with the subject wearing heels/dress shoes.
3. One-Leg Stand (OLS)
Subject must raise one foot 6 inches off ground, count "one-thousand-one..." for 30 seconds.
Common miss: Officer fails to account for age (65+), weight (50+ lbs overweight), or back/leg/inner ear conditions.
Defense Strength
0%
Tap each charge above to build your defense
The State of Georgia mandates a minimum of ten days in jail. The Judge can stay or probate all of the jail time, but 24 hours. You will get a minimum of 12 months of probation, minus any jail time given by the Judge. You will also have to complete a minimum of 40 hours of community service. Complete an alcohol and drug evaluation and any recommended treatment. Complete the risk reduction course (also known as DUI school).
If you are stopped by a Police Officer, Sheriff’s Deputy , College Police Officer or State Trooper and arrested for DUI and it’s your first offense DUI in 10 years, there are mandatory things that will occur if you are found guilty or plead guilty.
The fine will be a minimum of $300 and a maximum of $1,000. There will also be a monthly probation fee. The fee depends on each court system, since most are private companies.
If you plead guilty or found guilty of driving under the influence of alcohol and it’s your first DUI conviction in five years and you are over 21, your driver’s license will be suspended for one year. However, you can ask the Judge for an affidavit of first conviction. You can take the affidavit to the Department of Driver’s Services (DDS) and get a limited driving permit. Contact Sandy Springs and Atlanta DUI Attorney Richard Blevins today.
This limited driving permit is good for 120 days and limits by law where you can drive
At the end of the 120 days, you can get your driver’s license reinstated by paying a restoration fee to DDS and showing you completed the risk reduction course. If you pled guilty to a first offense DUI, you will be suspended for one year and cannot get a limited driving permit.
Georgia First Offense DUI Penalties at a Glance
For a first DUI conviction within 10 years in Georgia (OCGA § 40-6-391), the law sets these minimums:
- Charge: Misdemeanor
- Jail: 10 days up to 12 months — the judge can probate everything except 24 hours
- Fine: $300 to $1,000, plus court surcharges and monthly probation fees
- Probation: 12 months, minus any jail time served
- Community service: minimum 40 hours
- DUI school: completion of the Risk Reduction Program
- Evaluation: alcohol and drug evaluation, plus any recommended treatment
- License: 1-year suspension — with a first-conviction affidavit, most drivers qualify for a 120-day limited permit and early reinstatement after DUI school
What a First DUI Really Costs
The fine is only the beginning: probation supervision fees, the Risk Reduction course, the license restoration fee, and years of higher insurance premiums add up fast. See our full breakdown of how much a DUI lawyer costs in Georgia — and what fighting the charge can save you compared to pleading guilty. For the jail, fine, and license penalties at each offense level, see our Georgia DUI penalties guide.
Can a First Offense DUI Be Reduced or Dismissed?
Often, yes — first-offense cases are frequently the most defensible. The stop itself can be challenged, field sobriety tests are commonly administered improperly, and breath test results are not bulletproof. Many first offenses are reduced to reckless driving or dismissed outright — see our DUI case results. A "less safe" DUI charge in particular leaves the State with a harder case to prove.
First Offense DUI in Georgia: FAQs
Will I go to jail for a first DUI in Georgia?
Georgia law calls for 10 days of jail on a first DUI conviction, but the judge can probate all of it except 24 hours — and time already served at booking often counts. Many first offenders serve no additional jail time, especially with strong mitigation.
Is a first offense DUI a felony or a misdemeanor?
A standard first DUI is a misdemeanor in Georgia. It can become a felony in aggravated situations — serious injury, fleeing, or repeat offenses. See felony vs. misdemeanor in Georgia for the difference.
How long will my license be suspended after a first DUI?
A first conviction over age 21 brings a 1-year suspension, but with a first-conviction affidavit you can usually drive on a 120-day limited permit and reinstate early after DUI school. Act quickly — the separate 30-day administrative deadline can suspend your license before your criminal case is ever heard.
Will a first DUI stay on my record?
Yes. Georgia does not expunge DUI convictions — a DUI never ages off your criminal history. That permanence is the strongest reason to fight the charge. Learn what record restriction in Georgia covers and what it does not.
Should I hire a lawyer for a first offense DUI?
First-offense cases have the most room for a better outcome — and the most to protect. A former prosecutor and police officer knows where these cases fall apart. Request a free consultation before your first court date.
Sandy Springs/Atlanta DUI Lawyer
Richard N. Blevins, Jr.
Former Cobb Assistant District Attorney | Former Cobb Assistant Solicitor General | Former Baldwin Co. Sheriff’s Deputy | Former DeKalb County Police Officer | Former Milledgeville Police Officer | Former U.S. Army M.P.
Client Testimonials
I am very happy with the representation I received from this firm. Not only were they fairly priced, they kept me in the loop at every step of my case, and I got a far better outcome than I would have gotten had I tried to represent myself. If you need legal representation I highly recommend calling Richard Blevins.
John K.
Great DUI lawyer. Great experience. Gets the job done quickly and efficiently. Makes your court experience simple and smooth sailing. 10/10 would recommend!
Ben M.
I reached out to Mr. Blevins after just looking on google and reading the reviews. This was my 1st time having to deal with a legal situation that required assistance like this and it was a HUGE relief for me!
Narika M.
Strongly recommend! I hired Mr. Richard Blevins for my DUI case and it was dismissed. His staff was courteous and professional. He communicated well, responded to emails and calls efficiently. I am very pleased with my decision hiring him so I suggest you do too.
Cesar V.
If you are looking for an attorney who is efficient, tenacious, optimistic, and kind, then Richard Blevins is the one for you. The situation I brought to him was resolved within hours and completed at a more than reasonable fee. I would highly recommend him to anyone in need of an attorney.
Chrissy M.
Richard Blevins is your guy. He is not only a highly skilled attorney who provides excellent advice and guidance, but he has calm and assuring demeanor that makes you feel comfortable throughout the process. He assisted me with my case and it couldn’t have gone any better! I had a ton of questions upfront and apprehension about the process and potential outcomes, and Richard walked me through what to expect step by step. At a critical point, he told me my options, and then provided his recommendation. I took that recommendation, and it ended up being 100% the best decision! Actually, it was the second best decision… the best was hiring Richard Blevins to begin with.
Ron M.
