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.

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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.

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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.

"Works for your best interest and gets results"
I have used Brian for several cases throughout my life. Brian and his staff are always available to answer your questions and keep you in the loop regarding your case. Well respected by judges and prosecutors. Whatever your situation he will work hard for you and always be honest. You might not like what you hear but Brian will not promise you something he cannot deliver on. What he will do is work for your best interest and he gets results. I have been in some scary situations and Brian has achieved results that both astonished and impressed me. I would not even think of using anyone else when it comes to my freedom and goodwill. Highly recommended!

- David
"Well worth the time and money."
We hired Mr. Hansford to assist us with a juvenile traffic citation. He met with us and shared the pros and cons of the incident. Mr. Hansford met with the Judge on our behalf, we were able to accept a plan from the court and continue with our lives. We could have faced the Judge without an attorney but thought it was best to have Mr. Hansford represent my teenager. He is well worth the time and money.

- Previous Client
"Brian is well-respected in the Alpharetta courts"
Brian met with us within 2 days of my daughter's DUI less safe charge. Having never even heard of DUI less safe, I was reassured to have him representing her. His staff kept us informed throughout the process and answered our questions. He gave us a realistic scenario of what the final outcome would be and we were so relieved that he delivered an even better conclusion to this nightmare. Brian is well-respected in the Alpharetta courts and we are certain his professional relationships with the people there were key in receiving the best outcome.

- Previous Client
"Always very professional and thorough"
I am so glad we hired Mr. Hansford to represent our family. He was always very professional and thorough providing feedback along the way and keeping us up-to-date all details of our case. His office personnel is also very courteous, helpful, responsive and best of all very professional. I would definitely hire Brian again for any legal representation.

- Vicky
"They even got back to me on weekends."
Brian and Erin are amazing! They are caring and always there for you. I bombarded them with questions and they had an answer for me every time. Even got back to me on weekends, which I never expected. If I have another need I will use them and their office again.

- Previous Client
"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
"On point from the very beginning and kept me and my family in the loop"
I wanted to thank Mr. Hansford and his legal team for their professional help with my very major criminal case. He was on point from the very beginning and kept me and my family in the loop. Very experienced and firm attorney. I was never expecting the deal he got me from DA's office. He kept me out of jail and kept my record clean. Thank you, Mr, Hansford for changing my life around. I found an Angel in my life. He brought comfort and happiness back into our lives and into our heart. Whenever I called his office I always get answered. God bless you and thank you million times.

- Previous Client
"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

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