Savannah DUI Lawyer

A DUI can create two separate problems. You may face criminal charges in court as well as an administrative license suspension through the Georgia Department of Driver Services. Our defense attorneys help DUI clients understand both sides of the legal process and develop a DUI defense based on the facts of the arrest.

Because a DUI conviction can affect your license, job, insurance rates, and permanent criminal record, early action matters. A DUI lawyer in Savannah, GA can review police reports, field sobriety tests, chemical test results, video evidence, and the arresting officer’s actions. Contacting a criminal defense attorney soon after an arrest can also help you avoid missing deadlines involving your driving privileges.

About Us

At Jarrett Maillet J.D., PC, we bring firsthand prosecutorial experience to DUI defense and criminal defense representation. Jarrett Maillet is a former prosecutor who understands how criminal charges are investigated, prepared, and presented. That experience allows our law firm to examine the prosecution’s case from both sides and look for weaknesses that may affect the outcome.

We believe clients should understand what is happening in their case. Our defense attorneys provide clear explanations of the criminal justice system, court deadlines, administrative proceedings, and possible defense options. We also encourage clients to ask questions so they understand the decisions they may need to make along the way.

Our law firm represents people in Savannah and Chatham County who are facing DUI charges and related criminal charges. Whether the case involves a first-offense DUI, prior convictions, an accident, drugs, or a chemical test refusal, our goal is to build a defense based on the actual evidence rather than assumptions about the arrest.

Common Types of DUI Cases We Handle

Georgia DUI law covers many different situations. The type of DUI offense, a driver’s prior offenses, the presence of drugs or alcohol, test results, and whether an accident caused serious injury can all affect the possible penalties. Our Savannah DUI defense attorney reviews each case individually before recommending a defense strategy.

Some of the matters our defense attorneys handle include:

• First offense DUI
• Second-time DUI offenses
• Third-time DUI offenses
• DUI Less Safe cases
• Felony DUI offenses
• High BAC offenses
• Underage DUI cases
• DUI cases involving accidents
• DUI Drugs (DUID)
• Chemical test refusal cases
• Cases involving multiple prior offenses

DUI charges should never be treated as automatic convictions. Evidence may raise questions about the traffic stop, the officer’s observations, testing procedures, machine calibration, or whether police officers followed Georgia law. A criminal defense lawyer can review those details and determine which defenses may apply.

The Importance of BAC in Savannah DUI Cases

Blood Alcohol Concentration (BAC) measures the amount of alcohol in a person’s bloodstream. Under Georgia DUI law, the per se blood alcohol concentration limit is 0.08% for most drivers aged 21 and older. Drivers under 21 are subject to a lower limit of 0.02%.

A BAC result does not mean chemical test results are beyond challenge. Breath-testing equipment must be properly maintained and used according to required procedures, while blood test results may raise questions involving collection, storage, testing, or chain of custody. A DUI defense lawyer can examine whether those procedures were followed and whether the reported result is reliable.

Testing accuracy can become a major part of DUI defense. Maintenance records, calibration information, testing conditions, operator training, and the time between driving and testing may all matter. These details can help determine whether a chemical test accurately reflects a person’s condition at the relevant time.

Savannah, Georgia DUI Attorney

Savannah is known for its Historic District, tourism, restaurants, nightlife, and open-container areas, but Georgia’s DUI laws still apply to anyone operating a motor vehicle while impaired. DUI stops can involve Savannah residents, tourists, military members, college students, and drivers passing through Chatham County. Regardless of why someone is in the area, a DUI arrest can lead to serious criminal and license consequences.

Some Savannah DUI matters begin in the Recorder’s Court of Chatham County. Recorder’s Court handles traffic matters and DUI proceedings, and a defendant may have options involving the Chatham County State Court depending on the case and whether a jury trial is requested. Understanding which local courts are involved is part of preparing an effective defense.

Jarrett Maillet J.D., PC, represents people facing DUI charges throughout Savannah, Chatham County, and nearby communities such as Richmond Hill. A Savannah DUI defense attorney who regularly works in local courts can help clients understand court procedures, deadlines, and what may happen from the first appearance through a final hearing or other resolution.

Open Container Laws in Savannah, Georgia

Georgia generally prohibits an open alcoholic beverage container in the passenger area of a motor vehicle on a public highway or shoulder. An open container may include a bottle, can, or other container with a broken seal or one from which some alcohol has been removed. An open-container allegation is different from a DUI offense, although both charges may arise from the same traffic stop.

Police officers may consider an open container along with other observations during a DUI investigation. However, the presence of alcohol inside a vehicle does not by itself establish that the driver was impaired. The prosecution must still prove the elements required for the criminal charges being pursued.

Potential Penalties for a DUI Charge in Savannah

Being charged with a DUI in Savannah can be overwhelming, especially with how tough Georgia’s DUI laws can be. Many people aren’t sure what to expect or how serious the consequences might be, but they include:

• The first DUI conviction in Georgia results in a possible jail sentence of one year, with fines from $300 to $1,000. Your driver’s license will be suspended for up to one year, and you will also receive 40 hours of mandatory community service. To have your driver’s license reinstated, you will need to pay a reinstatement fee. Drivers who are under 21 must delay obtaining their graduated driver’s license for 12 months.
• A second DUI conviction in Georgia results in a mandatory jail sentence minimum of 48 hours; however, you could receive from 90 days to 1 year in jail. Fines could range from $600 to $1,000. You will also receive a driver’s license suspension for a period of 3 years and a minimum of 30 days of community service.
• A third DUI conviction in Georgia results in a mandatory 15 days in jail, with fines from $1,000 to $5,000. Your driver’s license will be revoked for 5 years, and you will serve a mandatory 30 days of community service. The violator’s name, photo, and address will be published in a local newspaper at the violator’s expense.

While a DUI charge can bring heavy consequences, it’s important to remember that the situation isn’t hopeless. By working with a knowledgeable Savannah DUI attorney who understands how DUI laws apply to your specific situation, you can take control of your case. Jarrett Maillet J.D., P.C. is committed to guiding clients through their DUI cases with care, clarity, and experienced legal support.

DUI Less Safe Charges

A driver does not always need a BAC of 0.08% or higher to face DUI charges. Georgia law allows prosecutors to pursue a DUI Less Safe allegation when alcohol, drugs, or another substance allegedly made the person less safe to drive. These cases often depend heavily on observations made by police officers rather than a single BAC number.

Evidence may include driving behavior, speech, balance, appearance, field sobriety tests, statements, and video from the traffic stop. A DUI defense attorney can compare those observations with body-camera or dash-camera footage and determine whether the evidence supports what was written in the police report. Medical conditions, fatigue, anxiety, road conditions, and other factors may also affect how a person appears during an investigation.

A DUI Less Safe conviction can result in many of the same criminal penalties as other DUI convictions, including fines, probation, community service, possible jail time, and license consequences. The fact that a person’s BAC was below .08 does not automatically prevent prosecution. Likewise, being arrested does not automatically prove guilt.

Proving Impairment

The prosecution does not always need a breath or blood test to pursue a DUI criminal case. An arresting officer may rely on observations such as driving behavior, speech, balance, odor of alcohol, appearance, or performance on field sobriety tests. Those observations can still be questioned during a DUI defense.

One of the first questions is whether the officer had a lawful reason for the traffic stop or other police contact. A lawful DUI arrest also requires the state to follow constitutional and procedural rules. If officers lacked the required legal basis, improperly expanded a stop, or obtained evidence unlawfully, a defense attorney may seek to exclude evidence from the case.

The evidence should also be considered as a whole. Video may not match an officer’s description, testing conditions may have affected performance, or medical issues may explain signs that police interpreted as impairment. A strong defense strategy focuses on specific evidence rather than simply accepting the conclusions written in an arrest report.

Felony DUI in Savannah DUI Cases

In Georgia, DUIs may be charged as felony-level offenses. If you have multiple prior offenses or caused an accident that resulted in serious bodily injury or death to another, or if you caused property damage, you can be charged with a felony DUI. DUI cases involving serious injuries can lead to enhanced penalties and felony charges. The penalties associated with a felony DUI are serious and long-reaching. Penalties include:

• Mandatory 90 days in prison
• A one-to-five-year prison sentence
• Fines up to $5,000
• Completion of an alcohol or drug education program
• Clinical evaluation
• 60 days of community service
• Up to five years of probation

With an experienced Savannah DUI attorney from Jarrett Maillet J.D., P.C. by your side, you gain an advocate who understands the complexities of DUI laws and knows how to challenge evidence, explore defenses, and protect your rights.

DUI Drugs (DUID) in Savannah

Driving under the influence laws apply to drugs as well as alcohol. A driver may face DUI charges involving illegal drugs, prescription medication, or other substances when the state alleges that the person’s ability to drive safely was impaired. Drug-related cases often rely on blood testing, officer observations, or evaluations performed during the arrest.

Substances involved may include:

• Marijuana
• Cocaine
• Heroin
• Prescription anti-anxiety medications, like Klonopin or Valium
• Prescription painkillers, like OxyContin or Vicodin
• Prescription anti-addiction drugs, like Suboxone or Methadone

A conviction for DUID has similar penalties as an alcohol based drunk driving conviction. Victims could also face other criminal charges, such as possession of drugs.

DUID Punishment in Savannah

Being charged with a DUI involving drugs (DUID) in Georgia is a serious matter that carries significant consequences. Unlike alcohol-related DUIs, these cases often involve complex toxicology reports, officer observations, and testing, making the legal process more complicated. Penalties can include:

• First and second time offenses are misdemeanors, punishable by up to one year in jail, fines up to $1,000, community service, alcohol education classes, license suspension, and possible probation.
• Third time and subsequent offenses may be charged as a felony. Penalties include fines of up to $5,000, up to 5 years in prison, community service, and alcohol education classes.
• Under Georgia’s implied consent laws, you’re required to take a blood or breath test. Refusal to do so results in an automatic license suspension. Your license suspension may last for one year or longer, depending on the number of your prior refusals.

The penalties for a DUID can have lasting effects on your freedom, driving privileges, and future opportunities. However, with experienced guidance, these consequences can sometimes be minimized or challenged. Jarrett Maillet J.D., P.C. provides dedicated representation for clients facing DUID charges, carefully reviewing each case and building a defense tailored to the specific circumstances.

Common Defense Strategies for DUI Cases

Every DUI case is unique, and the right defense strategy depends on the facts surrounding your arrest. Our experienced Savannah DUI attorneys know how to identify weaknesses in the prosecution’s case and use them to your advantage. Some common defense strategies include:

• Challenging the traffic stop: If law enforcement didn’t have a valid reason to pull you over, we can move to suppress the evidence they collected.
• Questioning field sobriety tests: These tests are subjective and can be affected by weather, medical conditions, or improper administration.
• Challenging chemical test results: Breathalyzers and blood tests must be properly calibrated and handled. Mistakes in testing can create room for doubt.
• Reviewing officer conduct: Any procedural or constitutional violations during your arrest can provide a strong defense.
• Negotiating reduced charges: In some cases, plea agreements can reduce the severity of penalties while also protecting your driving record.

At Jarrett Maillet J.D., P.C., we tailor our defense approach to each client, examining every detail of the arrest and evidence. Our experienced team is dedicated to protecting your rights while pursuing the most favorable outcome possible.

Look Back Periods in Savannah DUI Cases

Georgia generally uses a 10-year look-back period for determining enhanced criminal penalties for repeat DUI convictions. Prior convictions within that period can increase jail requirements, fines, community service, license consequences, and the seriousness of the charge. A fourth or subsequent conviction during the statutory period may be prosecuted as a felony.

Georgia does not have a specific “wet reckless” offense like some other states. However, depending on the evidence and negotiations, DUI charges may sometimes be reduced to reckless driving or another offense. Whether that is possible depends on the individual case and should not be assumed at the beginning of the defense.

Sobriety Checkpoints in Chatham County

Under state and federal law, Georgia is one of 38 states in America where sobriety checkpoints are legal (see 318 S.E.2d 693 (Ga. App. Ct. 1984)). The locations for these stops are temporary, but there are websites that track where they have already occurred and where they might occur.

Even though many believe that probable cause under the Fourth Amendment is needed for a traffic stop, sobriety checkpoints are an exception to this rule since the Supreme Court ruled in 1990 that the dangers of drunk driving outweigh the intrusion caused by checkpoints.

Field Sobriety Tests in Chatham County, Georgia

Field sobriety tests and breathalyzer tests are central to most DUI investigations in Savannah, Georgia. When a police officer suspects a driver of being under the influence, these tests are often the first step in building a case for DUI charges. However, both types of tests are far from infallible, and a knowledgeable DUI defense attorney can use their experience to challenge the results and protect your legal rights.

Field sobriety tests are designed to assess a driver’s physical and cognitive abilities, but their reliability is often questioned. Factors like poor lighting, uneven road surfaces, medical conditions, or even nervousness can lead to inaccurate results. If a police officer fails to properly instruct you or lacks adequate training, the validity of these tests can be called into question.

Breathalyzer Tests

Breathalyzer tests measure your blood alcohol concentration (BAC), and they’re another critical component in DUI cases. Under Georgia DUI laws, a BAC at or above the legal limit can result in immediate DUI charges, but these machines are not foolproof.

Issues such as improper calibration, faulty equipment, or lack of maintenance can lead to inaccurate readings. A skilled DUI defense lawyer will examine maintenance records and the arresting officer’s procedures to identify any discrepancies that could lead to the suppression of breath test results.

DRR Convictions in Savannah, Georgia

If you have been convicted in Georgia of an alcohol or drug-related driving or boating offense and had your license revoked, you must complete a DUI, Alcohol or Drug Use Risk Reduction (DRR) course before you can have your license reinstated. The program is regulated by the Georgia Department of Driver Services, but the courses are administered by independent, state-certified “DUI schools.” The DRR programs are required for those convicted of:

• Driving Under the Influence (DUI)
• Possession of illegal drugs
• A minor operating a vehicle while having possession of alcohol
• Operating a boat while under the Influence (BUI)
• The DRR program is made up of two components, an assessment and an intervention. The assessment is a comprehensive, 130-question instrument for adults. This questionnaire is used to assess the individual’s drug or alcohol use.

The intervention portion is a 20-hour course that spans multiple days. This is done in a group setting and is designed to offer peer group counseling and therapeutic education about the effects of drug and alcohol use on driving.

These courses have strict attendance policies. If you’ve been convicted of two or more DUIs in the last 10 years, in addition to completing a DRR, you will need to provide evidence of having completed a state-approved clinical evaluation to reinstate your suspended Georgia driver’s license or driving privileges.

DUI Intervention Programs in Chatham County

The DUI Intervention Program (DUIIP) was designed to help “improve public health and promote greater safety on the highways and streets of Georgia.” The risk reduction course is mandated by law for those convicted of drug or alcohol use involving driving or boating, and is mandatory for drivers who have been convicted of multiple DUIs within a 5-year period.

It offers “therapeutic education” for drivers who have made “high-risk drinking choices,” or in other words, they have chosen to drive intoxicated. This part of the program is designed for drivers who don’t suffer from substance abuse or alcoholism. The program consists of two parts: an assessment component and an intervention component. Both components must be completed to obtain the certificate of completion, which is required to reinstate a license.

The assessment component consists of a 130-question assessment to measure the extent of drug and alcohol use and help the participant understand how it affects their driving. The intervention component is a 20-hour course given over several days. It has group sessions offering peer group counseling and education about alcohol and drug use and its effect on driving, and is designed to change that behavior.

Deadlines to Be Aware of in Savannah DUI Cases

A DUI arrest can start several deadlines at the same time. The criminal case has its own court schedule, while an administrative license suspension is handled separately through the Georgia Department of Driver Services. Missing an administrative deadline can affect your driving privileges even before the criminal case is resolved.

Important deadlines may include:

• Administrative license suspension hearing: A driver generally has 30 days after receiving the suspension notice to request an administrative license suspension hearing or pursue another available option.
• Chemical test refusal: Refusing a state-administered chemical test can trigger a separate administrative suspension, which can last one year.
• Court dates: Missing a required criminal court appearance can result in additional consequences.
• Pretrial motions: Certain challenges must be raised within deadlines set by Georgia law or the court.

Because the administrative license suspension deadline is short, contacting a Savannah DUI defense attorney immediately after a DUI arrest can help preserve available options. The ALS proceeding is separate from the criminal case, which means a person may need to defend both at the same time.

A request for an administrative license suspension hearing must be handled within the applicable 30-day period. If the deadline passes without the required response, the person can lose the opportunity to challenge the suspension through that process. A refusal-related automatic license suspension can be particularly serious because it may result in a one-year loss of driving privileges.

Hire a DUI Lawyer

When you’re facing a DUI charge in Savannah, hiring an experienced  DUI attorney who knows the local courts can make a real difference to the outcome of your case. At Jarrett Maillet J.D., P.C., we bring extensive experience navigating DUI laws and defending clients in Savannah.

Why Local Representation Matters

We regularly practice in Savannah’s key courthouses, including the Chatham County Courthouse, the Savannah Municipal Court, and the South Broad Street Judicial Complex. Because of this, we understand what resonates with local judges, local prosecutors, and local juries, and we use that knowledge to build strong, strategic defenses for every client.

This local presence allows us to meet deadlines, attend hearings, and maintain strong relationships with court staff, advantages that out-of-town attorneys simply can’t match.

By working with us, you’re not just hiring a lawyer; you’re gaining a dedicated legal team that knows Savannah, that understands the local legal landscape, and that fights vigorously for your rights in every DUI case. We’re committed to providing personalized attention, aggressive advocacy, and practical guidance every step of the way, ensuring you have a good chance of protecting your record, your license, and your future.

FAQs

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

After a DUI arrest, comply with lawful police orders and avoid physically resisting arrest, but remember that you have the right to remain silent rather than answering questions that could be used against you. Ask to speak with an attorney and contact a Savannah DUI defense attorney as soon as possible. Georgia also gives drivers a short 30-day period to address an administrative license suspension, so waiting can affect your driving privileges before the criminal case reaches court.

What if I refused a breath or blood test during my DUI arrest?

Refusing a state-administered chemical test can trigger an automatic license suspension under Georgia’s implied-consent rules. A refusal suspension can last one year and is separate from the outcome of the criminal charges. However, a DUI defense lawyer may examine whether the arresting officer had lawful grounds for the DUI arrest, properly gave the required notice, and followed the procedures needed for the refusal to support an administrative suspension.

How long do DUI cases typically take to resolve?

The time needed to resolve a DUI case depends on the evidence, court schedule, motions, negotiations, and whether the case goes to trial. Some matters are resolved within a few months, while disputed criminal charges can take longer. Your attorney should explain the expected court process and update you as the case develops.

Do I have to appear in court for my DUI case?

Whether you must personally appear can depend on the court, the stage of the case, and the type of hearing. Savannah DUI matters may involve Recorder’s Court, and some proceedings may later take place in Chatham County State Court. Your attorney can explain which appearances you must attend and whether counsel may appear for you at any particular stage.

What are the penalties for a DUI conviction in Georgia?

A first DUI conviction can include a $300 to $1,000 fine, probation, a DUI Risk Reduction Program, community service, possible jail, and license consequences. Georgia law generally requires at least 40 hours of community service for a first conviction, subject to an exception for certain under-21 cases. When an adult driver’s alcohol concentration was at least 0.08, the sentencing statute generally requires at least 24 hours of actual incarceration from any imposed jail sentence.

Repeat convictions result in harsher penalties. Prior convictions can lead to longer jail requirements, larger fines, longer license suspensions, treatment requirements, and possible ignition interlock restrictions. A fourth or subsequent DUI conviction within the statutory 10-year period may result in felony charges.

Can a DUI charge be dismissed or reduced in Savannah?

Yes, but dismissal or reduction depends on the evidence. A DUI lawyer may challenge an unlawful stop, field sobriety tests, blood test results, breath-testing procedures, implied-consent issues, officer credibility, or other procedural errors. When weaknesses exist, the defense attorney may seek dismissal, exclusion of evidence, acquittal, or negotiations involving a reduced charge such as reckless driving.

What is the difference between a DUI and DWI in Georgia?

Georgia generally uses the term DUI, meaning driving under the influence, rather than treating DWI as a separate impaired-driving offense. DUI allegations may involve alcohol, illegal drugs, prescription medication, or a combination of substances. Georgia law can also apply when a person is in actual physical control of a moving vehicle while meeting the statutory requirements for DUI.

Don’t Surrender Your Rights

Too many people who are arrested and charged with DUI surrender their rights by automatically pleading guilty. The reality is that being arrested doesn’t necessarily mean you’re guilty, and a lot of people are wrongfully charged with DUIs.

At Jarrett Maillet J.D., P.C., we fight for our clients and advocate for them at every stage of the process. From reviewing evidence to challenging procedures, negotiating reduced charges, and representing you in court, we are committed to protecting your rights and your future.

Let us analyze your case and assist you in defending yourself to ensure that you are not unfairly convicted of a DUI. If you’ve been arrested for a DUI, contact the attorneys at Jarrett Maillet J.D., P.C. today at 912-713-3426 for a free consultation.

Court Offices In or Near Savannah, Georgia

• Chatham County Recorders Court
• Chatham County State Court
• Chatham County Superior Court
• Chatham County Magistrate Court