Tennessee & Georgia DUI Defense Lawyers
Charged with a DUI? Protect your license and your future.
A DUI arrest can put your license, your job, and your record at risk, even for a first offense. Davis & Davis defends people charged with DUI in Chattanooga, Winchester, Franklin County, and Dalton, Georgia. We look closely at every part of the stop, the testing, and the arrest, because the details matter.
An arrest isn’t a conviction.
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DUI Defense
What is a DUI in Tennessee & Georgia?
Tennessee and Georgia define DUI in much the same way. In both states, you can be charged if you drive or are in physical control of a vehicle while impaired by alcohol or drugs, or with a blood alcohol concentration of 0.08% or more. That means you can be charged even if the car wasn’t moving, such as when someone is found asleep in a parked car with the keys.
Where the two states differ is in the penalties, the license rules, and the deadlines. Because so many people in our area live in one state and drive in the other, knowing both sets of rules matters. Being charged isn’t the same as being convicted, and our job is to find the weaknesses in the case, protect your rights, and pursue the best possible outcome.
ON THIS PAGE
01
First Offense DUI Penalties
Both states treat a first DUI seriously, but they handle jail time differently. Tennessee requires a mandatory minimum jail sentence for every first-offense conviction. Georgia allows up to 12 months, though judges often suspend most of that sentence in favor of probation.
In either state, a conviction also brings fines, court costs, license consequences, required alcohol and drug education, and higher insurance rates. Here’s how the key rules compare:
| Tennessee | Georgia | |
|---|---|---|
| Legal limit (21+) | 0.08% | 0.08% |
| Drivers under 21 | 0.02% | 0.02% |
| First-offense jail | Mandatory minimum of 48 hours, rising to 7 days with a BAC of 0.20% or higher | Up to 12 months, often largely suspended in favor of probation |
| License | Revocation upon conviction, with a restricted license available in many cases | Administrative suspension after arrest, with a short window to act |
| Prior offenses | Generally counted within a 10-year lookback | Generally counted within a 10-year lookback |
| Criminal record | A conviction can’t be expunged | A conviction can’t be restricted from your record |
02
Second & Third DUI Charges
In both Tennessee and Georgia, penalties climb sharply with each prior DUI. Both states generally look back 10 years to decide whether a new charge counts as a second or third offense, and both can count convictions from other states. Repeat offenses bring longer mandatory jail time, longer license suspensions, and higher fines, and a fourth offense can be charged as a felony in either state.
Prior convictions don’t automatically decide a new case. We look at whether each prior conviction actually counts under the law, and we challenge the current charge on its own facts.
03
Refusing a Breath or Blood Test
Tennessee and Georgia both have implied consent laws. By driving on their roads, you’re considered to have agreed to chemical testing when an officer has probable cause to believe you were driving impaired. Refusing a test can lead to a license suspension that’s separate from the DUI charge itself, even if you’re never convicted.
In Georgia, the license consequences move especially fast, and you generally have only 30 days after the arrest to act. In Tennessee, a refusal is handled as a separate violation with its own hearing. Refusal cases in both states have their own defenses, including whether you were properly advised of the consequences.
04
Underage DUI
Tennessee and Georgia both set the limit for drivers under 21 at 0.02%, low enough that a single drink can matter. A higher reading can lead to a full adult DUI charge in either state.
For young drivers, a conviction can affect college admissions, scholarships, and job opportunities, and the license consequences can be severe. We work to protect both their record and their future.
05
DUI for CDL Drivers
Commercial drivers are held to a higher standard in both states. The legal limit while driving a commercial vehicle is 0.04%, and a DUI conviction, even in your personal vehicle, can disqualify your commercial driver’s license under federal rules that apply in Tennessee and Georgia alike.
For professional drivers, especially those who regularly cross the state line, a DUI charge can threaten a career. We build a defense with your livelihood in mind.
06
Drug DUI Charges
In both states, you can be charged with DUI for driving while impaired by illegal drugs, marijuana, or even prescription and over-the-counter medications. Unlike alcohol, there’s usually no simple number that proves impairment.
Drug DUI cases often rely on blood tests and officer observations, both of which can be challenged. The timing of the test, how the sample was handled, and whether a substance actually caused impairment are all important questions.
07
Tennessee & Georgia DUIs Across State Lines
Around Chattanooga and Dalton, it’s common to live in one state and be arrested in the other. A DUI in one state doesn’t stay there. Georgia generally treats a Tennessee DUI conviction as if it happened in Georgia when deciding what happens to a Georgia license, and major suspensions and convictions are reported through national driver databases.
In practice, that means an unresolved DUI in one state can keep you from getting or renewing a license in the other. It’s important to handle both the criminal case and the license consequences in each state involved. Robert Davis, who leads our Chattanooga and Dalton offices, is licensed in both Tennessee and Georgia.
Live in Georgia, Arrested in Tennessee (Or the Reverse)?
Tell us where your license was issued and where you were arrested. The deadlines and license steps can be different in each state, and missing one can affect your ability to drive in both.
08
DUI Lawyer in Dalton, GA
If you were arrested in Dalton, Whitfield County, or elsewhere in north Georgia, your license is on a short clock. After a Georgia DUI arrest, you generally have just 30 days to act to protect your license, either by requesting an administrative hearing or choosing an ignition interlock option.
Our Dalton office handles Georgia DUI cases under Georgia law, with the same careful approach we bring to cases in Chattanooga and Winchester.
Don't miss the 30-day deadline
In Georgia, the clock on your license starts at the arrest, not at your court date. Waiting until your first court appearance may be too late.
09
DUI Defense Strategies
Every DUI case is different, but in both states most come down to a few key questions. Was the stop legal? Were the tests done correctly? Were your rights respected? We review the police report, video, and test records to find the weaknesses in the case against you.
Issues we look at closely:
After an Arrest
What to Do After a DUI Arrest
What you do in the days after an arrest can affect both your license and your case, in either state.
01
Don't discuss your case
Avoid talking about the arrest with anyone but your lawyer, and don’t post about it on social media.
02
Write it all down
While it’s fresh, write down what happened: where you were, what you drank or took, and what the officer said and did.
03
Watch your deadlines
Keep your paperwork and note your court date. License deadlines can be very short, especially in Georgia.
04
Talk to a DUI lawyer
Get advice before your first court appearance, and don’t plead guilty without understanding your options.
Tennessee & Georgia Law
Tennessee & Georgia DUI Laws
The two states share the same core rules, with important differences in the details.
Legal limits
Both states set the limit at 0.08% for drivers 21 and older, 0.04% for commercial drivers, and 0.02% for drivers under 21. In either state, you can also be charged based on impairment alone.
License consequences
Georgia can suspend your license administratively after an arrest, with a short window to act. In Tennessee, a refusal brings a separate suspension, and a conviction leads to revocation.
Permanent record
In both states, a DUI conviction generally stays on your criminal record permanently. A charge that’s dismissed or ends in a not-guilty verdict can often be removed.
This is general information, not legal advice. Deadlines and rules depend on the facts of each case.
Why Davis & Davis
Why Choose Our DUI Lawyers
Judicial perspective
Our founder spent 22 years as a Franklin County General Sessions Judge, the court where many Tennessee DUI cases begin. We know how these cases are handled from the bench.
Recognized criminal defense
Andy Peters Davis was named one of the American Institute of Criminal Law Attorneys’ 10 Best Attorneys in Tennessee and is a member of national and state criminal defense associations.
Serving both sides of the state line
With offices in Chattanooga, Winchester, and Dalton, and an attorney licensed in both states, we handle DUI cases in Tennessee and Georgia courts.
DUI FAQs
Don’t see your question?
Contact the office nearest to you. We’re here to guide you.
Will I go to jail for a first DUI?
It depends on the state. In Tennessee, a first DUI conviction carries a mandatory minimum of 48 hours in jail, or 7 days with a BAC of 0.20% or higher. In Georgia, a first offense can carry up to 12 months, but judges often suspend most of it in favor of probation. In either state, a charge isn’t a conviction, and there may be ways to challenge the case or reduce the consequences.
I live in Georgia but got a DUI in Tennessee. What happens to my license?
You’ll face the Tennessee case in Tennessee, but your Georgia license can be affected too. Georgia generally treats an out-of-state DUI conviction as if it happened in Georgia, and an unresolved case in one state can block a license in the other. The same concerns apply in reverse for Tennessee drivers arrested in Georgia.
Can I still drive after a DUI arrest?
Possibly. Both states offer ways for many drivers to keep driving, often with an ignition interlock device. In Georgia, you generally have only 30 days after the arrest to act to protect your license, so don’t wait.
Can a DUI be removed from my record?
In both Tennessee and Georgia, a DUI conviction generally can’t be removed from your criminal record, which is why fighting the charge matters. If your charge is dismissed or you’re found not guilty, you may be able to have the record cleared.
What happens if I refused the breathalyzer?
Both states have implied consent laws, so refusing a test can lead to a license suspension even without a DUI conviction. Georgia’s deadline to respond is especially short. Refusal cases have their own defenses, so talk to a lawyer quickly.
Should I plead guilty at my first court date?
Not before you talk to a lawyer. A guilty plea creates a permanent record and can affect your license, job, and insurance in both states. An attorney can review the evidence and explain your options before you decide anything.
Related Practice Areas
More Criminal Defense Services
Talk to a DUI Lawyer Today
The sooner you get advice, the more options you may have. Contact Davis & Davis for a confidential consultation at our Chattanooga, Winchester, or Dalton office.
