The Traffic Stop & Arrest

A DUI stop typically begins when an officer observes erratic driving, a traffic violation, or another indicator of impairment. The officer may ask you to perform Field Sobriety Tests (FSTs) — the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test. These are voluntary under Georgia law. You are not legally required to perform them, and declining carries no automatic license penalty.

If the officer determines there is probable cause to believe you are driving under the influence of alcohol or drugs, you will be placed under arrest, handcuffed, and transported to a local jail or processing facility.

Booking & Processing

Once at the jail, you will go through the standard booking process: identifying information is collected, fingerprints and a mugshot are taken, and your personal belongings are inventoried and held. Remain calm and cooperative throughout — but remember, you are under no obligation to answer questions beyond basic identifying information.

Georgia's Implied Consent Law & Chemical Testing

Under Georgia's Implied Consent Law (O.C.G.A. § 40-5-67.1), by driving on Georgia roads, you have already agreed — as a condition of that privilege — to submit to chemical testing if lawfully arrested for DUI. The officer will read you the Implied Consent Notice, which differs slightly based on your age and license type.

The officer selects which test to administer: breath, blood, or urine. You may also request an independent test at your own expense after taking the state's test.

If you submit and your BAC measures 0.08 grams or higher (0.04 for commercial drivers; 0.02 for drivers under 21), your license may also face administrative suspension.

The 30-Day License Appeal Window — Don't Miss It

This is one of the most critical and misunderstood deadlines in Georgia DUI law. Following your arrest, you have 30 days to appeal your administrative license suspension with the Georgia Department of Driver Services (DDS) — or alternatively, to elect to install an ignition interlock device.

The officer will issue you Form DDS-1205, which serves as a temporary driving permit and also notifies you of this deadline. After 30 days, your license will be suspended automatically — independent of the outcome of your criminal case — and you will lose the right to appeal the suspension.

Bail & Release

After booking, you will typically have the option to post bail. The bail amount depends on factors including the nature of the offense, your criminal history, and any aggravating circumstances (such as an accident, injuries, or a minor in the vehicle). Once bail is posted, you will be released — but your legal obligations are just beginning.

Your First Court Appearance (Arraignment)

You will receive a citation or notice with your court date. Failing to appear can result in a bench warrant for your arrest and additional criminal charges. At your arraignment, you will enter a plea (guilty, not guilty, or nolo contendere). This is also when the path forward — whether negotiations, motions, or a trial date — begins to take shape.

Having experienced legal counsel before this appearance is strongly advisable. Your attorney can evaluate the legality of the stop, the administration of the Implied Consent notice, chemical test procedures, and other potential defenses before you ever set foot in a courtroom.

Potential Consequences of a Georgia DUI Conviction

A DUI conviction in Georgia carries serious, far-reaching consequences that go beyond fines. The severity depends on whether it is a first, second, or subsequent offense, as well as other circumstances surrounding the arrest.