DUI = Driving under the influence (DUI), or Driving while intoxicated (DWI), is the crime of driving a motor vehicle while impaired by alcohol or other drugs (including recreational drugs and those prescribed by physicians), to a level that renders the driver incapable of operating a motor vehicle safely. Do I have a right to an attorney when I am stopped for a DUI?

DUI Defense

Do I have a right to an attorney when I am stopped for a DUI?
When initially stopped for a DUI, a person does not have the right to an attorney.

Does an officer have to give me a Miranda Warning?
A Miranda Warning is when police must give suspects (who are in their custody) information on their constitutional rights before they are interrogated. Under Georgia law, an officer does NOT have to give you a Miranda warning unless s(he) questions the suspect after an arrest.

What is the 10 Day Rule?
If a person refuses a blood, urine or breath test, s[he] faces a one year suspension of his/her license. There is a requirement to request a hearing in writing within ten business days of your arrest. If you do take a test and the score is above the legal limit, you also must request a hearing within 10 days.

Are there any alternatives to going to jail?
An alternative to going to jail is a work release program (in Gwinnett County). Under this release, you work during the day and return to the custody of Gwinnett County at night. Some judges will sentence you to house arrest and you have to pay to be monitored at your home. Under this sentence, you usually will have to do twice as much time as when going to jail.

Convictions from DUI’s range from $1,000 fines (1st conviction) and 10-12 months in jail, etc., to $5,000 fines and up to 12 months in jail (2nd and 3rd convictions).