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.

"An amazing and knowledgeable attorney."
Brian has helped me and my family with several cases. Not only is he an amazing and knowledgeable attorney, he also truly cares about his clients. I can't thank Brian enough and, if the need arises, I would not hesitate to call on him again.

- Cindy
"We were able to get my charges dropped."
Brian was clear and concise with me and set my expectations appropriately. I switched to Brian from a Cobb County based lawyer after realizing that his comfort with the Forsyth prosecutors and judicial team was essential to a successful defense strategy. Under his team's guidance, we were able to get my charges dropped--which exceeded my expectations.

- Shawn
"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
"Brian helped my daughter out more than I ever expected!"
Brian is the Best!! His knowledge & experience made all the difference. Erin, his paralegal, is awesome as well! They are both very attentive & quick to answer emails & phone calls. Brian helped my daughter out more than I ever expected! I'd recommend them to anyone!! Thank you, Sir!

- 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
"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
"He mapped out a plan and got it done."
I was faced with an unexpected situation with my teenager and felt helpless and completely out of my depth. Brian was fantastic at putting my mind at ease, talking me through what needed to be done to reach the desired end result. He mapped out a plan and got it done. I wouldn’t go to anyone else.

- Previous Client
"Intelligent, dedicated, and wise."
Brian Hansford has represented several of my immediate family members over the past five years, multiple times. He is intelligent, dedicated, and wise. Brian has always been very thorough and fully committed to bringing about the best outcome possible in each of these cases. So much so that I don't even consider another criminal defense attorney for my family's needs. He explains your options very carefully and gives you his assessment of how each scenario is likely to play out. Brian is also a judge for a local municipality which gives him another perspective when considering strategies for a case. His legal assistant Erin is absolutely top-notch and keeps communications flowing smoothly between all of the parties involved. She is truly a valuable asset to his operations and I cannot overemphasize her importance. I truly could not be more pleased with both Brian and Erin. I enthusiastically give Brian an A+ for his efforts and for his solid results. Brian is not a discount-priced attorney, but he is also not unreasonable with his rates. I am happy to pay him because I know what I am getting. This attorney is a solid choice! I thank him for all he has done for my family!

- Jason

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