Tennessee Driver Charged with DUI in Georgia 

If you are a Tennessee driver who was recently arrested for DUI in Georgia, you may be wondering how you are supposed to deal with a Georgia criminal case when you live in another state. You may already be back home in Tennessee, but your Georgia DUI case does not end when you cross the state line. You may still have deadlines to address, court obligations to manage, and questions about what the arrest or conviction could mean for your Tennessee driver's license.

Whether you were traveling through Georgia, visiting Atlanta, driving near the Tennessee border, or simply passing through on your way to another destination, a Georgia DUI needs to be addressed in Georgia.

At Lawson & Berry, our Georgia DUI lawyers represent drivers from Tennessee and other states who are charged with DUI in Georgia. With more than 30 years of experience, we understand the unique challenges that come with defending a DUI when your home, job, and driver's license are in another state.

Tennessee Drivers Often End Up Facing DUI Charges in Georgia

Tennessee and Georgia share a long border, and residents of both states regularly travel between them. For some Tennessee drivers, the arrest may happen shortly after crossing the state line. Others may be traveling much farther into Georgia. Common reasons Tennessee residents travel into Georgia include:

• Work and business
• Shopping and entertainment
• Atlanta sporting events
• Concerts and other events
• Vacations
• Trips to North Georgia
• Travel through Atlanta
• Flights from Hartsfield-Jackson Atlanta International Airport
• Driving south toward Florida or other destinations

The I-75 and I-24 corridors are particularly important for Tennessee drivers traveling into Georgia, while residents of Chattanooga and surrounding communities may regularly travel throughout North Georgia.

The important thing to remember is that once you are in Georgia, Georgia DUI laws apply to you. Being a Tennessee resident does not move the case back to Tennessee.

Can a Georgia DUI Affect Your Tennessee Driver's License?

This is one of the most important questions for Tennessee drivers. Georgia and Tennessee are separate states, so Georgia does not simply take possession of your Tennessee driver's license and suspend it as though it were a Georgia license.

However, that does not mean your Tennessee driving privileges are automatically protected.

Tennessee law allows the Department of Safety to suspend a Tennessee driver's license for certain offenses committed in another state if the offense would provide grounds for suspension or revocation under Tennessee law. Tennessee law also addresses the suspension of a resident's license following an out-of-state DUI arrest in certain circumstances. That makes the outcome of your Georgia DUI important to your Tennessee driving privileges.

Tennessee and the Driver License Compact

In addition to Tennessee laws, Tennessee is also a member of the Driver License Compact, which provides for the reporting of certain convictions between participating states. Under Tennessee's compact statute, licensing authorities of participating states report qualifying convictions involving drivers from other member states to the driver's home state. The home state then gives the reported conduct the effect required under the compact.

This is important for Tennessee drivers charged with DUI in Georgia because it means you should not assume that a Georgia conviction will remain solely a Georgia matter. Georgia's status under the Driver License Compact is a separate issue, and other reporting mechanisms may also be involved.

At Lawson and Berry, our Tennessee Driver Charged with Georgia DUI Lawyers urger you not to not make decisions about your Georgia DUI based solely on what you think will happen to your Tennessee license. Our attorneys will evaluate your case with you and advise you of the potential consequences of your DUI charge. 

What About the Georgia 30-Day Letter Deadline?

One of the most important things to understand after a Georgia DUI arrest is the administrative license process.

Under Georgia law, when a driver is charged with DUI, two cases are opened against them: an administrative case and a criminal case.  The administrative case deals with your ability to drive in Georgia. You have 30 days after being charged to file the letter and fight for your ability to drive in Georgia. For a Tennessee driver, this deadline can be easy to overlook. You may have been released from jail, returned to Tennessee, and gone back to work. You may not have another Georgia court date for weeks or months.

Nevertheless, our firm urgers Tennessee drivers to not simply ignore the 30-day administrative process. Our team of experienced Attorneys for Tennessee drivers will help you evaluate the administrative issues in every case and take action within the deadline to protect your interests.

The Georgia administrative process can involve questions such as:

• Did the officer have reasonable grounds to believe you were driving under the influence?
• Was the arrest lawful?
• Was the implied-consent notice properly given?
• Did you refuse the requested testing?
• Were the chemical tests properly administered?
• Did the test produce a result that meets the statutory threshold?

What Will Our Georgia DUI Lawyers Investigate in Your Tennessee Case?

A DUI arrest is not a conviction. The fact that a police officer arrested you does not mean that every part of the investigation was conducted properly or that the State has enough admissible evidence to prove the charge. Our attorneys examine the circumstances of each DUI arrest to determine whether there are weaknesses in the State's case. Some of the questions they will consider: 

Was the Traffic Stop Legal?

We examine why the officer stopped your vehicle in the first place.

Was there an actual traffic violation? Was the officer's observation accurate? Was the stop supported by the required legal justification?

If the initial stop was unlawful, evidence obtained afterward may potentially be challenged.

What Happened During the DUI Investigation?

We look at what the officer actually observed before the arrest.

That may include:

• Driving behavior
• Statements made by the driver
• Odor allegations
• Appearance
• Speech
• Coordination
• Field sobriety tests
• Other observations

The circumstances surrounding each case matter.

Were Field Sobriety Tests Properly Administered?

Field sobriety tests can be affected by many factors that have nothing to do with alcohol impairment. For someone who has been driving a long distance from Tennessee, for example, fatigue may be relevant. Other factors we may consider include:

• Road conditions
• Weather
• Lighting
• Footwear
• Physical limitations
• Medical conditions
• Instructions given by the officer
• How the tests were actually performed

The question is not simply whether an officer wrote that a driver "failed" a test. We want to examine the circumstances and evidence ourselves.

Was the Breath or Blood Testing Reliable?

If the State relies on chemical testing, we examine how the testing was conducted. Depending on the circumstances, that may include reviewing:

• Testing procedures
• Equipment
• Operator qualifications
• Blood collection
• Sample handling
• Chain of custody
• Laboratory testing
• The reliability and admissibility of the results

Georgia's implied-consent statute contains specific requirements concerning the administration of chemical testing.

Did the Officer Properly Handle Implied Consent?

Georgia's implied-consent law is technical, and mistakes can matter. The officer must provide the appropriate notice concerning the requested state-administered testing. The statute also establishes the administrative process for challenging certain suspensions. We examine whether those requirements were followed.

What Does the Video Show?

Police reports tell one version of what happened.

Video evidence may tell another.

Dash-camera footage, body-camera footage, and other recordings can be particularly important in DUI cases because they allow the defense to evaluate the driver's actual behavior rather than relying solely on an officer's written description.

What Are the Penalties for a Georgia DUI?

The potential penalties depend on the driver's circumstances and prior DUI history. A first Georgia DUI conviction can result in fines, jail or probation, community service, a DUI Risk Reduction Program, and other requirements. Repeat offenses carry substantially greater consequences. Prior DUI convictions from Tennessee or another state may also become important when determining how Georgia treats a subsequent DUI. For that reason, tell your Georgia DUI lawyer about all prior DUI convictions or pleas, even if they occurred years ago and in another state.

For a complete discussion of Georgia DUI sentencing, see our Georgia DUI penalties. 

Frequently Asked Questions About Georgia DUI for Tennessee Drivers

Can Georgia suspend my Tennessee driver's license?

Georgia can suspend your privilege to drive in Georgia, while Tennessee may separately take action under Tennessee law based on certain out-of-state DUI-related conduct or convictions. Tennessee law expressly addresses offenses committed in another state that would constitute grounds for suspension or revocation in Tennessee.

Will Tennessee find out about my Georgia DUI?

A Georgia DUI conviction may be reported to other licensing authorities, and Tennessee participates in the Driver License Compact. The consequences depend on the nature and disposition of the Georgia case.

What is the 30-day letter in a Georgia DUI case?

The 30-day process concerns Georgia's administrative driver's-license suspension proceedings. In qualifying cases, Georgia law provides 30 days to request an administrative hearing after the required notice.

Do I need to file the 30-day letter if I have a Tennessee license?

You should not assume that you can ignore the administrative process simply because you have a Tennessee license. Georgia can restrict your privilege to drive in Georgia, and the circumstances may also have implications for your home-state driving privileges.

Can I drive through Georgia if my Georgia driving privilege is suspended?

If your privilege to drive in Georgia has been suspended, you should not assume that a valid Tennessee license permits you to drive in Georgia. Obtain legal advice regarding your specific driving status before operating a vehicle in Georgia.

Do I have to return to Georgia for my DUI case?

Not necessarily for every proceeding. The requirements depend on the court and the specific circumstances of your case. Your attorney can determine which appearances require your personal attendance.

Can a Tennessee DUI count as a prior DUI in Georgia?

A prior DUI from another state may be relevant to Georgia sentencing and offense classification. Your attorney should review your complete DUI history before advising you about the potential consequences.

Can a Georgia DUI affect my Tennessee license?

Potentially. Tennessee law provides for action involving certain offenses committed in another state that would constitute grounds for suspension or revocation under Tennessee law.

What should I do if I was arrested for DUI in Georgia and already returned to Tennessee?

Contact a Georgia DUI lawyer as soon as possible. Do not assume that returning home means the case is over. In particular, determine whether a 30-day administrative deadline applies to your case.

Call Our Georgia DUI Lawyers for Tennessee Drivers Today

If you are a Tennessee driver charged with DUI in Georgia, the most important step you can take is to deal with the situation early and with the right guidance. Trying to handle a Georgia case from another state without a clear plan can quickly lead to missed deadlines and unnecessary complications. An experienced Georgia DUI lawyer can help you understand what needs to be done, keep your case on track, and work toward the best possible outcome. The sooner you take action, the more options you are likely to have.