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A Strong Defense Against DUI Charges In Macon, Georgia

Last updated on August 12, 2026

If the authorities accuse you of driving under the influence (DUI), that single charge could lead to jail, a license suspension and a criminal record that follows you for years. The right legal representation can give you a chance to reduce or even avoid these challenges altogether.

My name is Keith Fitzgerald. Whether you are facing your first DUI charge or have prior convictions, at Fitzgerald Law, my goal is guiding you through the legal process with compassion and clarity. I will help you fully understand your options and the defenses available to you and advocate for you at every step of your case.

Your Guide To Georgia Traffic Violations And DUI Defense

A Georgia traffic or DUI arrest carries harsh, life-changing penalties like mandatory jail, license suspensions and spiking insurance. At Fitzgerald Law, I treat every traffic matter as a trial-ready case, auditing police conduct, equipment calibrations and constitutional boundaries to secure dismissals.

DUI (driving under the influence): Under O.C.G.A. § 40-6-391, you have only 30 days to request an administrative license hearing or face an automatic suspension. Whether facing a subjective “Less Safe” DUI or a Per Se charge (blood alcohol content of 0.08% or higher), a robust defense targets breathalyzer calibration logs and field sobriety test protocols.
BUI (boating under the influence): Under O.C.G.A. § 52-7-12, the state heavily polices Middle Georgia waterways like Lake Tobesofkee. Defense strategies involve challenging the lawful basis for waterborne stops and the accuracy of maritime sobriety testing.
Reckless driving: Operating a vehicle with reckless disregard for safety (O.C.G.A. § 40-6-390) is a high-level misdemeanor carrying up to a $1,000 fine. Because it relies heavily on an officer’s subjective opinion, we focus on accident reconstruction and telemetry data.
Driving with a suspended license: Violating O.C.G.A. § 40-5-121 mandates a minimum two days in jail. Defenses often hinge on a strict procedural audit to prove the state failed to provide proper constitutional notice of your initial suspension.
Speeding and moving violations: Cumulative points can trigger suspensions, especially under Georgia’s “Super Speeder” law. We aggressively challenge the mechanical calibration of RADAR, LIDAR and pacing techniques.
Serious injury by vehicle: Causing severe bodily harm (like brain damage or disfigurement) while reckless or driving under the influence (O.C.G.A. § 40-6-394) elevates the case to a felony carrying 1 to 15 years in prison. This high-stakes charge requires independent accident reconstructionists to challenge fault.

No matter which of these charges you are facing, the window to act is narrow. The decisions made in the earliest stages of your case can determine everything that follows.

Understanding The Legal Limit

In Georgia, the legal limit for blood alcohol content (BAC) for most drivers is .08%. This means that driving with a BAC of .08% or higher can result in a DUI charge. This standard applies to drivers who are age 21 and older operating personal vehicles.

However, stricter limits apply to certain categories of drivers. For commercial drivers, such as those operating buses or large trucks, the legal BAC limit is lower, at .04%. Additionally, for drivers under the age of 21, Georgia enforces a “zero tolerance” policy with a BAC limit of .02%.

What Are The Penalties For A DUI Charge?

In Georgia, the penalties for a DUI conviction can be severe and may vary, depending on whether it is a first or subsequent offense. Here’s a general overview of the penalties for drunk driving charges in Georgia:

First DUI offense: These charges can lead to between $300 and $1,000 in fines, between one day and 12 months of jail time, and up to 12 months of license suspension. In some cases, a first DUI offense can also result in required substance abuse treatment.
Second DUI offense within 10 years: A prior charge on your record can increase penalties to between $600 and $1,000 in fines, between three days and one year in jail, and three years of license suspension.
Third DUI offense within 10 years: Two prior charges on your record can increase penalties to between $1,000 and $5,000 in fines, between 15 days and one year in jail, and five years of license revocation.

Some circumstances can increase the penalties even further. For example, higher penalties may apply if the BAC is far above the legal limit.

Effective Representation Matters

Given the complexities of DUI laws and the severe consequences of a conviction, it is advisable to seek legal representation. A qualified DUI attorney can help you evaluate your case and understand your rights.

A criminal defense lawyer can also help you determine which defense will best protect your rights. Your defense might involve questioning the accuracy of the BAC test, proving that the traffic stop was unlawful or showing that the symptoms of impairment were due to other factors, such as fatigue or a medical condition.

Common Questions And Answers About Georgia DUI

A DUI charge is often overwhelming, especially in light of how harshly Georgia treats drunk-driving offenses. Fortunately, sound information can provide clarity and help you understand your rights and defense options. Below are answers to frequently asked questions to help you make informed decisions about your DUI case.

What should I do immediately after being arrested for a DUI?

First, remain calm and polite during and after a DUI arrest to avoid worsening your situation. Document the details of your arrest, including the time, location and any interactions with law enforcement. These details can be critical for your defense.

Avoid making self-incriminating statements, exercise your right to remain silent and request an attorney as soon as possible.

Can I refuse a breathalyzer test in Georgia?

You have a right to refuse a breathalyzer test, but it comes with potentially severe consequences. Under state implied consent law, refusing the test may result in an automatic suspension of your driver’s license for up to one year.

Additionally, your refusal can be used as evidence against you in court. It is essential to weigh the potential outcomes before you refuse to take a breathalyzer test.

How do I reinstate my driver’s license after a DUI suspension?

You must complete the specific requirements set by the Georgia Department of Driver Services (DDS). This often includes paying a reinstatement fee, completing a DUI Alcohol or Drug Use Risk Reduction Program and providing proof of insurance (SR-22).

Additionally, you may need to comply with any probation terms and demonstrate that you have addressed underlying issues, such as substance abuse treatment if required. The specific steps depend on the circumstances of your case, making it advisable to consult a lawyer for guidance.

Can a DUI charge be reduced to a lesser offense?

Yes, in some cases, a DUI charge may be reduced to a lesser offense. Two examples include:

Reckless driving: The most frequent reduction, this involves driving with a reckless disregard for safety and carries less severe penalties.
“Wet reckless”: This is a reckless driving charge that acknowledges alcohol involvement but avoids the harsher consequences of a DUI.

The possibility of a reduction depends on factors such as the strength of the evidence, your criminal history and whether any aggravating circumstances (like accidents or injuries) are involved. Attorney representation can make a big difference.

Begin Building A Defense Against DUI Charges Today

Do not let a DUI charge change the course of your life. Contact me online or call 478-787-4480 for a no-cost consultation on your case.