Criminal Defense

After a DUI arrest in Georgia, you face both a criminal case and an administrative license suspension. You have only 30 days to request an administrative hearing with the Georgia DDS to challenge your license suspension. The criminal case proceeds through arraignment, pretrial hearings, and potentially trial. A first-offense DUI carries up to 12 months in jail, fines of $300-$1,000, community service, DUI school, and probation. Contact Overbird Law immediately -- the 30-day clock is already ticking.

Yes, felony charges in Georgia can sometimes be reduced to misdemeanors through plea negotiations with the prosecutor. The likelihood depends on the nature of the offense, your criminal history, the strength of the evidence, and the specific circumstances. Georgia’s First Offender Act (O.C.G.A. § 42-8-60) may also allow eligible defendants to avoid a conviction on their record entirely. Attorney Jonathan Overman’s background as a former prosecutor gives him unique insight into these negotiations.

During a traffic stop in Georgia, you must provide your license, registration, and insurance. Beyond that, you have the right to remain silent, the right to refuse consent to a vehicle search (though officers may search with probable cause), and the right to record the encounter. You are not required to perform field sobriety tests. Refusing a chemical test triggers Georgia’s implied consent law (O.C.G.A. § 40-5-55) and can result in automatic license suspension.

Criminal defense attorney fees vary based on charge severity and case complexity. Misdemeanor cases typically range from $1,500 to $5,000, while felony cases can range from $5,000 to $25,000 or more. Unlike personal injury cases, criminal defense is generally billed as a flat fee or hourly rate. Overbird Law offers flexible payment plans -- call (678) 251-8575 to discuss your case and payment options.

Yes. A DUI conviction in Georgia appears on both criminal background checks and your driving record permanently. There is currently no way to expunge a DUI conviction in Georgia, and it remains on your driving record for life. It counts as a prior offense for 10 years under Georgia’s DUI look-back period. This can affect employment, housing, and professional licenses. Overbird Law fights to help you avoid a conviction in the first place.

Georgia's 2020 record-restriction reforms (O.C.G.A. § 35-3-37) allow many misdemeanor convictions to be restricted from public view after a waiting period of 4 years. Certain felony convictions may also qualify. DUI convictions, sex offenses, and serious violent felonies cannot be restricted. Defendants who completed First Offender Act treatment are eligible for full discharge without an adjudication of guilt — meaning no public conviction at all.

Misdemeanors carry up to 12 months in jail and up to $1,000 in fines. Felonies carry one year or more in state prison plus larger fines and far more serious collateral consequences — loss of voting rights, firearm rights, professional licensing barriers, and immigration consequences. The decision to charge a case as a felony or misdemeanor often involves prosecutorial discretion that experienced defense counsel can sometimes influence pre-indictment.

Public defenders are constitutionally required for defendants who cannot afford private counsel, and many are skilled trial lawyers. However, public defender caseloads in Georgia are very high, limiting the time available per case. Private counsel typically provides more pre-trial preparation, faster response, and broader expert resources — which often translates to better outcomes. Overbird Law offers free consultations and flexible payment plans.