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.

"Outstanding and efficient job."
Brian and his staff did an outstanding and efficient job in negotiating a fair outcome to my legal issues. I would highly recommend Brian to anyone seeking competent representation in legal matters.

- James
"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
"His team did better than I could have ever expected"
I had a BUI case in Hall County and Brian and his team did better than I could have ever expected. He found several problems and mistakes the officer had made that allowed us to get evidence suppressed. He also recommended an expert witness that found many additional problems with the testing the officer did. This gave us a great case and it was reduced to a lesser charge.

- Bill
"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
"I am FOREVER GRATEFUL to Brian."
Brian Hansford is an extraordinary criminal defense attorney. He represented me in the most professional manner. He was respectful and considerate of my feelings during a difficult situation. Brian addressed my concerns, explained everything to me, and provided the appropriate legal direction. Brian was available to me 24/7 and responded to my text messages immediately. He put my mind at ease with his calm demeanor and knowledge of the judicial system. I completely trusted Brian, and he got my charges reduced. I am FOREVER GRATEFUL to Brian.
Also, I would like to comment on Brian's assistant, Erin Bell. Erin always answered my calls and responded to my emails immediately and explained what was going on with my case. I am extremely thankful for all her support and compassion towards me.
I highly recommend Brian to anyone that is seeking the BEST criminal defense attorney. He is honest and will keep your best interest at the forefront.

- Lynette
"He will fight to make sure you are given a fair shake"
My son, who is now 16 years old, faced some serious charges. We expected the worst. This case involved felony charges, and the prosecutor was being tough. She did not want to work with us to settle, but Brian and his team worked a miracle in our favor. Brian is persistent, strategic, and resourceful. He thinks outside of the box on how to resolve difficult issues. We were impressed with his diligence. Brian is always calm under pressure. He did not waiver or give up or settle for less. He will fight to make sure you are given a fair shake. We were beyond pleased with the result. Brian and his team deserve all the credit for making sure my son will be able to go on with his life without these charges holding him back. I also have to mention Erin Bell, who was there every step of the way. She was a huge help to us on so many occasions. Erin was always patient when we were going through frustrations or roadblocks. I appreciate all Brian and Erin did for us. I highly recommend you give them a call!!

- Frankie
"Attentive, understanding, and thorough in the research and execution of defense"
Brian and his team did excellent work on defending our son in a criminal case. They were attentive, understanding, and thorough in the research and execution of defense. They communicated with us and our son throughout the entire process and handled our delicate situation professionally and personally. We needed their guidance on our case and they truly helped us. We will always use Brian's firm for any legal needs we have. We truly believe God put Brian and his team in our lives when we needed help the most.

- Previous Client
"If ratings could go to a 10, He would be an 11."
Brian Hansford will go above and beyond like no other in any matter regarding navigation of the Legal system. He is relentless in his pursuit to help on any level. NO OTHER ATTORNEY can accomplish what Brian can do when it comes to being a professional and a positive influence in the courtroom. I have personally witnessed the respect that everyone gives him when he walks into court. Judges, Clerks, DA's, other Attorneys respect him like no other because he is a man of Character and Integrity, and trust this message when you read it, it matters! If you are on AVVO searching for legal help, stop reading ratings and call and hire Brian right now. If ratings could go to a 10, He would be an 11.
- Side note, his assistant Erin is a "one of a kind" herself. You will always get a prompt response and she as well has the utmost respect by any and all officials that you may encounter. First Class all the way around and you always feel better after talking to her.
10 Stars for Brian and Erin- back afloat.

- Previous Client

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