DUI FAQs

DUI FAQ

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.

Schedule a Free Consultation

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.

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What Sets Us Apart

4 Reasons that Make Us the Right Choice

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 case 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.
25 Years of Experience
There's no substitution for experience. With 25 years of practicing law, our team has handled all kinds of charges from misdemeanors to some of the most complex and serious crimes.

Client Reviews

Don't Take Our Word For It

At Brian Hansford Law, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

"I enjoyed working with him and Erin"
Brian and Erin were great from the outset. I initiated with them on a Sunday, got a call the same day and was in the office to chat the next day. Based on my discussion with Brian I hired him to represent me in a case involving multiple charges stemming from an incident on the road. Brian navigated me through the legal process making sure I was aware of my options. I enjoyed working with him and Erin to the end of my case.

- Justin
"I attribute the success to the outstanding service provided by Mr. Hansford"
After engaging Mr. Hansford in a legal matter, the professionalism, accessibility, service, reliability, and kind support demonstrated by Mr. Hansford and his team was so impressive I have referred Mr. Hansford to friends and colleagues. My legal matter resulted in a favorable outcome and I attribute that success to the outstanding service provided by Mr. Hansford.

- Joe
"They were on top of my case from day one."
Brian and team were reassuring and certainly prepared to take my case! They were on top of my case from day one and followed through when some court-related documentation were not processed correctly. I would like to especially thank his paralegal Erin who was instrumental in keeping me informed and updating Brian when needed. Brian is honest and has years of experience with the Georgia court system. When I started this process he was just a name on a list at the end of this journey he will always be someone that I will always trust and provide a reference when needed.

- Previous Client
"Immediate, thorough, thoughtful and very professional representation"
We were in need of finding an attorney from out of state. Our good fortune was to find Brian Allen Hansford to represent our grandson. We received immediate, thorough, thoughtful and very professional representation. We were not left in the blind for one moment throughout the process. Everything was thoroughly explained, followed up on in a very timely manner with a personal touch. His staff is superior.

- Kathleen
"Super responsive and great to work with"
Brian Hansford represented my 18-year-old son in a first offense reckless driving case. Brian was able to obtain a plea deal bringing the case from a 6-month suspension of his license and $1,000.00 fine to community service, a defensive driving course and a much-reduced fine of under $100.00. He and his assistant Erin were super responsive and great to work with. I hope never to need this type of legal help again, but if I do I would not hesitate to use Brian again to help.

- Marianne
"Forever grateful to this attorney and would hire him again in a split second"
My case was a tough and stressful one that Mr. Hansford completely guided me through with the greatest of ease handling everything for me so I could focus on my everyday life instead of stressing nonstop. He had charges dropped for me and the one I did end up getting stuck with, he got me the bare minimum on. I am forever grateful to this attorney and would hire him again in a split second!!! He was amazing!!!

- Jessica
"They provided good, solid advice to my family."
I cannot say enough about the service that Brian and his team member Erin provided. He was recommended to us by a friend who had hired him for their son. They provided good, solid advice to my family when my son received a fairly severe driving citation. The punishment that the state was suggesting was pretty brutal for the offense. We told Brian what we would like for the outcome to be and he worked hard to negotiate with the state to get the best possible outcome for us while still giving our son adequate punishment to hopefully make sure a lesson was learned. Brian was very professional from our first consultation all the way through to the sentencing. Erin was very good about keeping us informed and responded promptly to email anytime we had a question. Would not hesitate using his services in the future. Hopefully that won't be necessary.

- Dan
"Brian and his team helped calmed my nerves."
I came to Brian with a case that had me fearful and scared. Brian and his team helped calmed my nerves and told me what I should and should not be concerned with. He guided me through the matter and helped me manage my fears throughout the duration of the process. I would gladly recommend him to friends and family.

- Previous Client

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