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DUI Defense

Columbus, GA DUI Attorney

Defense for Drunk Driving Charges serving Muscogee, Harris, Stewart, Troup & Meriwether Counties

If you have been arrested for DUI in Columbus, GA, you have 30 days to file a request for a hearing with the Georgia Department of Driver Services or else your driver’s license is automatically suspended for one year. 

Ted Morgan Law is committed to one singular goal: to prevent a DUI conviction. If we can successfully defend your DUI case, then you can keep your driver’s license and avoid other costly ramifications. You deserve a second chance, and we can help you obtain it.

Contact our office right now at (706) 622-6255 for a free consultation with our DUI lawyer in Columbus, GA. Ted Morgan Law handles DUI charges across west central Georgia.

DUI Defense Services

Put Our Experience On Your Side

What Are the Penalties for a DUI in Georgia?

Bluntly, a DUI conviction will have an immediate impact on your privilege to drive a motor vehicle, and a whole lot more. And while typically, a DUI is a misdemeanor, it can have long-term effects on your daily life.  Whether you are facing your first or fifth DUI conviction, the short-term and long-term penalties can be very harsh.

In Georgia, the potential consequences for DUI include:

  • Loss of driving privileges in the future
  • Higher auto insurance rates
  • Increased cost of credit
  • Employment issues in a variety of occupations
  • Professional licensing issues in a variety of professions
  • Labeled as a habitual violator under state driving laws
  • Disclosure issues when applying for college
  • Money, money, money – as it continues to cost you
  • Limiting driving permits
  • Installation of ignition interlock device on your vehicle
  • Community service hours
  • Costly supervised probation

Georgia DUI Penalties

Georgia’s DUI laws, like many other states in the U.S., constitute what the legal profession calls a recidivist statute because it provides for an enhanced sentence, or punishment, for each subsequent conviction within a certain period of months or years. 

If convicted of DUI in the State of Georgia …punishment is a function of how many DUI convictions the driver has on his record within the last 10 years measured from the date of arrest. In other words, it is a 10-year lookback for purposes of enhanced punishment. 

First Offense -

If this is your first offense within a ten-year period (1st in 10), the following applies:

  • Fine - $300.00 - $1,000.00 plus any statutory surcharges.
  • Jail – 24 hours minimum; 10 days to 12 months maximum.
  • Community Service – The law requires a minimum of 40 hours of community service unless you are under 21 years of age in which case you must do at least 20 hours.  The actual time is set by the court.
  • Clinical Evaluation (for drugs/alcohol) – the court, in its discretion, may choose not to impose this element of sentencing in some cases where it is the driver’s first DUI. For most DUI convictions, the clinical evaluation and treatment, where deemed necessary, will be part of the Court’s sentence. 
  • Georgia DUI Alcohol and Drugs Risk Reduction Program. 
  • Probation: limited to 12 months less time served.

License Suspension – the suspension of a license of a Georgia driver is determined based upon the number of similar DUI-based suspensions within a five (5) year period measured from date of arrest to date of arrest. In other words, it is a 5-year lookback from the date of the current arrest for purposes of enhanced suspension of driving privileges. 

If a first (1st) offense within a five-year period (1st in 5), you will lose your license as follows:

  • If you are age 21 or over, your license will be suspended for one year.  However, you will be eligible for full reinstatement of full driving privileges at the end of 120 days if you have completed an alcohol/drug risk reduction course (DUI school) and paid the appropriate reinstatement fee.  During those first 120 days, you should be eligible for a limited driving permit (assuming there are no other active suspensions of your license).
  • If you are under age 21, your license will be revoked for either 6 months (under 0.08 blood alcohol level) or 12 months (0.08 or higher); and, no limited driving (work) permit is available under current Georgia law.
  • Different rules of suspension apply if the arrest for DUI is based upon being under the influence of drugs (not alcohol) while driving.
  • DUI School – You must complete DUI School (Georgia DUI Drug & Alcohol Risk Reduction Program) to have your driver’s license or privilege to drive in Georgia reinstated.  Go to the website at https://dds.georgia.gov/ to determine which out-of-state program will be accepted by Georgia.

Second Offense - 

If this is the second offense within a ten-year period, the following criminal punishment applies:

  • Fine - $600.00 - $1,000.00 plus any statutory surcharges.
  • Jail – 90 days to 12 months, all except 72 hours of which may be suspended, stayed or probated.  As with a first DUI within a ten-year period, you must do twelve months probation less any jail time.
  • Community Service – The minimum community service is thirty days (240 hours).
  • Clinical Evaluation & Treatment -  mandatory for a 2nd in 10 years.
  • Probation: limited to 12 months less time served.
  • License Suspension – If this is your second offense within a five-year period, you will lose your license as follows: A “second-in-five DUI” (2nd DUI in 5 years) means your GA driver’s license will be suspended for three years.  The first eighteen (18) months is often referred to as “hard suspension” because no limited permit or hardship license will be granted.  Ignition interlock limited permit is required for 12 months before any reinstatement of your driving privileges.  Under the current law, for a second or subsequent conviction within a five-year period, an ignition interlock device must be installed on all vehicles registered to the offender with limited exception. After 18 months, including satisfaction of 12 months driving under an ignition interlock permit, and completion of DUI school, early reinstatement of full driving privileges is available.

Third DUI in Georgia (“3rd in 10”)

Offenders receiving a third DUI within ten (10) years face severe criminal penalties to include:

  • Fines  - up to $5,000.00
  • Jail – no less than 120 days (with limited exceptions, judge can stay all but 15 days), and probation up to 12 months
  • License Suspension - Driver’s license suspension for up to five (5) years, depending upon how many DUIs occurred within five (5) years
  • Community Service - no less than 30 days community service
  • Clinical Evaluation – a clinical evaluation and, if recommended, completion of a substance abuse program
  • Probation: limited to 12 months less time served.

Fourth DUI in Georgia (“4th in 10”)

Offenders convicted of a fourth (4th) DUI within ten (10) years face the most severe criminal penalties because now the crime is classified as a FELONY, and jail time is no longer limited to 12 months. 

  • Fines  - up to $5,000.00.
  • Jail – no less than 1 year up to 5 years (with limited exceptions, judge can stay all but 90 days), and probation up to 12 months
  • License Suspension - Driver’s license suspension for up to five (5) years, depending upon how many DUIs occurred within five (5) years.
  • Community Service - no less than sixty (60) days community service
  • Clinical Evaluation – a clinical evaluation and, if recommended, completion of a substance abuse program.
  • Probation: Five (5) years less time actually served.

The Further Consequences of a DUI Conviction

Being charged with a DUI can have serious consequences that can impact various aspects of your life.  It is important to understand the potential consequences of a DUI conviction so that you can make informed decisions about your defense. At Ted Morgan Law, our experienced DUI attorneys are here to guide you through the legal process and help you minimize the impact of a DUI conviction.

Some potential consequences of a DUI conviction include:

  • License Suspension:  A DUI conviction can result in the suspension of your driver’s license.  This can make it difficult to commute to work or school and can impact your overall mobility.
  • Fines and Penalties:  DUI convictions often come with hefty fines and penalties. These financial burdens can add up quickly and put a strain on your finances.
  • Ignition Interlock Device:  In some cases, a DUI conviction may require the installation of an ignition interlock device in your vehicle.  This device measures your blood alcohol concentration (BAC) before allowing you to start the car.
  • Probation:  A DUI conviction may also result in probation, which can restrict your freedom and require regular check-ins with a probation officer.
  • Impact on Employment:  Having a DUI conviction on your record can make it difficult to secure or maintain employment, especially in professions that require a clean driving record.
  • Jail Time:  A DUI conviction always carries the probability of serving time in jail.

What Happens if You Refuse to Submit a DUI Test in Georgia?

What is a “refusal” DUI?  The biggest impact of the “refusal” to submit to the police officer’s request to undergo testing is the immediate administrative suspension of your driver’s license.

A Georgia driver has the right to “refuse” and not allow the officer to administer tests of the driver’s breath, blood or urine.  However, the “refusal” can have a significant adverse impact on the administrative license suspension case as well as the criminal DUI case.

Refusal means an automatic twelve (12) month administrative suspension of one’s driving privileges in the State of Georgia by the Department of Driver Services without a right to a limited permit, barring a dismissal or acquittal from the charge of DUI in criminal court. However, it you retain Ted Morgan before 30 days from the date of arrest, we may be able to prevent the automatic suspension of your driver’s license.

Oftentimes, the “refusal” will be admitted into evidence in the trial of the DUI case.  One key is whether the officer properly administered the implied consent warning and whether there are any legal challenges that will cause the trial judge to exclude the results of the test or the “refusal” from evidence in the trial. The other issue revolves around recent Georgia case law which protects your right against self-incrimination under the Georgia Constitution and thus protects your right to refuse to provide a breath sample. In such cases, the refusal to provide the breath sample should not be admitted into evidence at your DUI trial. 

What is Georgia’s Implied Consent Law?

Like all states, Georgia has an implied consent law, which means that by driving you are implying that you will consent to a chemical test if an officer requests it.  Refusing to submit to a chemical test when requested may be problematic for your driver’s license but may still be in your best interests if you are arrested for a DUI.

Georgia Law, O.C.G.A. § 40-6-392(a)(4)

Georgia law, O.C.G.A. § 40-6-392(a)(4), requires that a person be advised of his implied consent warnings “at the time of the arrest.”  As a general rule, an arrest for DUI must be made before the officer can give Implied Consent Advisements and test your breath, blood or urine.

Current Georgia case law provides one exception: when there is a traffic accident resulting in a serious injury and there is probable cause to arrest the driver for DUI, the officer does not need to physically arrest you before reading the Implied Consent Advisement. 

However, if there is no accident resulting in a serious injury, the need for implied consent is triggered at the point that a driver-suspect is not free to leave and a reasonable person in that position would not believe that the detention was temporary.

In sum, an arrest for DUI is typically mandatory before Implied Consent Advisements may be given and a test demanded. However, your refusal to comply with the officer’s request for a chemical test can have an immediate impact on your privilege to drive, even before the DUI case has concluded. Other legal issues include whether you have an independent right to refuse a breath test. Hiring a qualified DUI attorney is the real key to vindicating your rights. 

Protect Your Rights and Future with Experienced DUI Defense

Being charged with a DUI can have serious consequences that can impact your life for years to come. It is crucial to have a skilled and experienced DUI attorney on your side to protect your rights and fight for the best possible outcome for your case.

At Ted Morgan Law, our team of dedicated DUI defense attorneys has extensive experience in handling DUI cases in Columbus, GA and the surrounding areas. We understand the complexities of DUI laws and have a proven track record of successfully defending our clients against DUI charges.

When you choose us for your DUI defense, you can expect:

  • Personalized attention and a customized defense strategy tailored to your specific case
  • Thorough investigation of the circumstances surrounding your arrest, including any potential violations of your rights
  • Aggressive representation in negotiations with prosecutors and in court
  • Knowledgeable guidance throughout the legal process, ensuring you understand your options and rights
  • Efficient handling of administrative license suspension hearings
  • Strategic defense strategies aimed at minimizing the impact of a DUI conviction on your driving record, insurance rates, and future opportunities

We Are Ready to Help You Fight Your DUI Charges

With so much at stake, it is crucial to have a Columbus, GA DUI attorney on your side who knows how to fight for your rights. When you rely on Ted Morgan Law, we can work to minimize your penalties or have your charges dismissed altogether. Remember, you only have 30 days to enter your appeal, so act now by giving us a call. 

We serve clients across west central Georgia including the cities of:

  • Lumpkin
  • Richland
  • Manchester
  • Greenville
  • And LaGrange

Related Reading

To schedule your free consultation, dial (706) 622-6255 today to speak with our Columbus, GA DUI lawyer.  

Our Reviews

Trusted by Clients in Their Most Critical Moments
    Very competent, accessible & professional.
    “Very competent, accessible & professional. He will challenge case on your behalf with best of his ability, does not waste time and unnecessary resources. I highly recommend him to anyone looking for a good attorney.”
    - Rinkesh
    I felt supported during the event and was very pleased with the final outcome.
    “Anytime one goes through legal issues involving a court appearance, it's always wise to engage with someone who knows the law and can advise on options and how to prepare for the best possible outcome. My experience with Ted Morgan was extremely positive. He can be trusted, and exudes confidence in his abilities to help. He is a good listener and he questions to understand so that he can provide direction and guidance in terms of the approach that will leverage the best possible outcome. I felt supported during the event and was very pleased with the final outcome.”
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    I had a great experience with this firm.
    “I had a great experience with this firm. I was always kept in the loop about what was going on with my case. Any questions I had were answered in a timely manner . Ted and his assistant Michelle were both a pleasure to work with. Oh and more importantly we won my case. I highly recommend this firm.”
    - Brittany
    He was the most prepared attorney, and it showed.
    “Ted assisted my wife and me with litigation that took over 7 years to finalize. When our first attorney had a conflict arise, Ted immediately developed a strategy and consulted with us on how we should proceed. Throughout the process Ted and his assistant kept us "in the loop" as to what was happening and our next steps.

    Ted was able to offer the direct contact that only a smaller, experienced firm can offer. We had several meetings at our home and even on a few weekends to make sure we were adequately prepared for our hearing. We attribute our final success (even after appeal by the other side) to Ted's tenacity and research of case law. He was the most prepared attorney, and it showed.

    The professionalism of the firm also extended to his legal assistant. She was organized and prepared and definitely part of the legal team. I would recommend Ted without hesitation to anyone needing legal guidance.”
    - Ryan
    I would recommend Ted to anyone going through this process.
    “
    Ted kept me continuously in the know of what options were available to me during my case. He was understanding to circumstances that come up which can postpone trial dates and agreeable outcomes and because of this, we were able to effectively work in our favor the desirable outcome that met all parties' time frames. He is very knowledgeable in the tangibles of the law relating to DUI less safe and what should and should not be conducted at specific points in time. It is this experience that lends itself to success. I would recommend Ted to anyone going through this process.”
    - Brian
    The Law Firm shows that they truly care about who they represent and are willing to the extra mile.
    “Ted Morgan's law firm was very user friendly during the entire process. It was a new experience dealing with a law firm and I was very impressed with the time taken to explain the process and assist with every step until the completion of my case. The Law Firm is in a great location inside an excellent facility in downtown Columbus, GA. Mr. Morgan was recommended by a friend to assist me with my legal process, and I have since referred Ted Morgan's law firm to two fellow co-workers for legal assistance. The Law Firm shows that they truly care about who they represent and are willing to the extra mile.”
    - Nay
    He did a FANTASTIC job and got me the outcome that I couldn't be happier with!
    “I used Ted Morgan to handle a case. He did a FANTASTIC job and got me the outcome that I couldn't be happier with! He was very persistent and took my case very personal. His assistant was very informative as well and keep me posted throughout the course of the case.”
    - Zack
    A man of his word and no nonsense about getting the job done.
    “Ted (as he asked to be called) immediately made me comfortable from the initial consult. A man of his word and no nonsense about getting the job done. Highly recommend, professional, honest and always puts his client first.”
    - Alan

Why Choose Ted Morgan Law?

  • Over 30+ Years of Experience
    There's no substitution for experience. With Attorney Ted Morgan on your side, you can be confident you're in the best hands.
  • Zoom Appointments Available
    Unable to make it into the office? No problem. With Zoom appointments, we make meeting with an attorney easy.
  • Strong Reputation in the Legal Community
    Attorney Ted Morgan is respected not only by his peers, but by key people within the legal system.
  • Hands-on Approach to Your Case
    At Ted Morgan Law, your case will receive the attention and personalization it deserves by an attorney who truly has your best interest at heart.

Defenses Against Multiple DUI Charges

No matter the issue you currently face, our firm understands what is at stake. We are committed to providing the highest level of legal service to our clients. 

When you trust our firm with your case, you will work directly with Ted Morgan throughout the legal process, allowing you access to his years of experience and dedication. 

He will help you find the legal option that works best for your unique circumstances. Our firm returns all calls promptly and keeps our clients informed and up-to-date throughout the duration of their cases.

For a free phone consultation with a skilled DUI attorney in Columbus, Georgia, call Ted Morgan Law at (706) 622-6255 or contact us online.

An Attorney Who Cares

For more than 28 years Ted Morgan has helped thousands of clients with their legal troubles. His client-first approach enables him to understand your unique situation and ensures he skillfully fights for the best possible result for your case.

Contact Us Today

Let Us Walk You Through the Next Steps

Whatever you are facing, work with a legal advocate who inspires confidence. We know that facing a criminal, injury, business dispute, or other case type can be confusing and frustrating. Let our firm use our knowledge, experience, and dedication to help guide you through the process. Contact our office today to learn how we may be able to help you.

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