DUI FAQs Legal Representation Focused on You


Serving Cumming, Sandy Springs, Johns Creek, Fulton County & Forsyth County

No one likes being pulled over, but the situation is made much worse when a police officer suspects you are driving under the influence. If you were arrested on DUI charges, get help from the Alpharetta dui defense lawyer at Brian Hansford Law today. We offer free consultations to help you understand how to proceed with your case and avoid losing your driving privileges.

Get started planning your case today by calling (678) 647-6444 today or contacting Brian Hansford Law online.

Below, we have included some answers to questions our clients frequently ask. If you need more information, contact our firm today to get started on planning your DUI defense.

Can I be arrested even if I'm not over the legal limit?

Even if your blood alcohol concentration is under .08 percent—the standard for a DUI charge—you could still be arrested for exhibiting behavior that a law enforcement officer interprets as dangerous. This might occur even if you've only had a single drink or you took other substances such as marijuana, narcotics, or even medications prescribed to you by a doctor.

Will I lose my license for a first-offense DUI?

Proceedings to revoke your driver's license can begin almost immediately after your arrest. You could have a difficult time getting it back if you don't respond quickly to this action.

What kind of penalties could I face?

The penalties one faces when charged with DUI depend on the level of intoxication, the number of previous offenses, whether property damage was done in the course of operating the motor vehicle under the influence, whether or not an individual was injured during the DUI, and numerous other factors.

  • First-Offense DUI in Georgia - Misdemeanor
    • Up to 1 year in jail
    • Monetary fine of up to $1,000
    • Suspension of driver's license for up to 1 year
    • Community service
    • Probation
    • DUI education course
  • Second-Offense DUI in Georgia - Misdemeanor
    • Up to 1 year in jail
    • Monetary fine of $1,000 to $5,000
    • Suspension of driver's license for up to 3 years
    • Community service
    • Probation
    • Substance abuse treatment or DUI education course
    • Possible installation of an Ignition Interlock System
  • Third-Offense DUI in Georgia - Misdemeanor
    • Up to one 1 in jail
    • Monetary fine of $1,000 to $5,000
    • Suspension of driver's license for up to 5 years
    • Community service
    • Probation
    • Substance abuse treatment or DUI education course
    • Possible installation of an Ignition Interlock System
  • Fourth-Offense DUI in Georgia - Felony
    • State prison sentence from 1 to 5 years
    • Up to $5,000 in monetary fines

How does law enforcement determine if I am intoxicated?

The officer who stopped you on suspicion of drunk driving will administer a range of tests called field sobriety tests. These tests are designed to test your motor function and mental capability at the time of the traffic stop.

Some of the common field sobriety tests are:

  • Horizontal gaze nystagmus, where an officer examines the subject's eyes while he or she looks from side to side.
  • Walk and turn, where a subject is asked to walk heel-to-toe and along a straight line to examine balance and coordination.
  • One-leg stand test, where an officer has the accused stand on one leg so coordination and balance can again be examined.

The officer may also administer a Breathalyzer test at the scene or have you taken into custody for a blood sample or urine sample to be tested for blood alcohol content (BAC).

Do I have to take a Breathalyzer?

Georgia is a state that utilizes implied consent laws. This means that anyone who holds a driver's license gives their implicit consent to comply with the request for a Breathalyzer—they are agreeing to take the test by simply having a driver's license.

While you may refuse the Breathalyzer test, officers may detain you and request that a blood or urine sample be tested for blood alcohol content. You may also face additional criminal punishments if you do not cooperate.

So no, you do not have the take the Breathalyzer, but there are few, if any, ways around law enforcement obtaining your blood alcohol content.

Speak with an Attorney Today

Contact Brian Hansford Law today to learn what our firm can do for you. In addition to our Cumming office, we have a new location in Roswell in the Gilbert House at 38 Sloan Street that is available by appointment.

Call (678) 647-6444 now to schedule your free consultation.

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You deserve an advocate who will fight aggressively to protect your rights. Attorney Brian Hansford has decades of experience working in the criminal justice system. We understand that being accused of a crime does not make you a criminal. We are prepared to do everything possible to raise doubts about allegations made by the prosecution. Get an aggressive advocate to protect your future. Call now and get started.

  • First Class Representation

    At Brian Hansford Law, you get a defense team that will give you their undivided attention to your case. We take the time to understand your situation and meticulously prepare your caseĀ in an effort to achieve the best possible result.

  • Former Prosecutor

    Having been a former prosecutor, Brian Hansford understands both sides of the criminal justice system. This experience helps him design an effective defense for his clients.

  • Fierce Trial Attorney

    Many attorneys are afraid to go to trial - NOT US! We aggressively prepare every case as if it will go to trial.

  • 20 Years of Experience

    There's no substitution for experience. With 20 years of practicing law, our team has handled all kinds of charges from misdemeanors to some of the most complex and serious crimes.

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