Augusta DUI Defense Lawyer
DUI Defense Attorney
Attorney J. Todd Mitchell helps fight Augusta DUI charges by challenging evidence, exploring defenses to suppress evidence, and guiding clients through Georgia's implied consent laws and severe penalties.
DUI Defense
Overview
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DUI Defense Lawyer in Augusta, GA
Get the Help of an Experienced Augusta DUI Lawyer
A DUI conviction can have a serious impact on your life. You could face jail time, a fine, suspension of your driver’s license, burdensome terms of probation, and more. And, the indirect consequences can be just as serious. If you’re facing DUI charges in Augusta, the right DUI defense attorney can make all the difference.
If you or a loved one has been charged with driving under the influence, your best resource is an experienced DUI defense lawyer. Attorney J. Todd Mitchell has extensive experience fighting Augusta DUI charges and is dedicated to achieving the best outcome possible for every client. That includes arguing your case to a jury if that’s the best option for you.
You can schedule a free consultation right now by calling (706) 750-0501 or filling out our contact form.
Driving Under The Influence in Augusta, GA
Under OCGA §40-6-391, “driving under the influence” means more than just operating with a certain alcohol content in your blood. A person may be convicted of DUI if:
- They are operating a vehicle while under the influence of alcohol to an extent that makes it less safe for them to drive–there is no minimum blood alcohol concentration(BAC) associated with this charge
- They are operating a vehicle under the influence of any drug, glue, aerosol or other toxic vapor to an extent that makes it less safe for them to drive–there are no chemical testing requirements associated with this charge
- They are operating a vehicle with a BAC of .08 or greater
- They are operating a vehicle with any amount of marijuana or controlled substance in their blood, including metabolites and derivatives
There are also special provisions that apply lower BAC cut-offs to certain drivers. For example, a commercial driver may be convicted of DUI with a BAC as low as .04. For a driver under the age of 21, it is illegal to operate a vehicle with a BAC of .02 or greater.
Penalties for a Georgia DUI Conviction
A DUI conviction can turn your life upside down, creating financial stress, potentially involving jail time, and even impacting your ability to earn a living. The consequences of a DUI conviction depend on a variety of factors, including whether the driver has prior DUI convictions and the driver’s BAC at the time of the incident.
Additional DUI Consequences
The consequences of a Georgia DUI conviction extend beyond the penalties imposed by the court. First, the state imposes an administrative driver’s license suspension or revocation. The length of the license suspension and the opportunity for reinstatement of limited driving privileges depend on the conviction.
A DUI conviction can also have indirect consequences that many people don’t consider when deciding to enter a guilty plea. For example, a DUI conviction can limit employment opportunities. There are also financial costs beyond fines and court costs, such as increased automobile insurance rates.
The prosecution doesn’t have to tell you about these indirect consequences when offering a plea deal, but an experienced Augusta DUI lawyer can help you understand exactly what’s at stake.
How to Handle
a DUI Stop in Georgia
Being pulled over on suspicion of DUI can be a stressful and confusing experience. The steps you take in those moments can make a difference in the outcome of your case. Here’s a general guide on how to protect your rights during a DUI stop in Georgia:
1. Pull Over Safely
As soon as you see flashing lights, signal and pull over to a safe, well-lit area. Turn off your engine, roll down your window, and keep your hands on the steering wheel.
2. Stay Calm and Polite
Remain respectful and avoid sudden movements. Comply with requests for your license, registration, and insurance. Stay calm and speak clearly.
3. Be Cautious When Answering Questions
You're required to provide identification, but you're not obligated to answer questions like “Have you been drinking?” Even if you haven’t, it’s okay to respond with, “I prefer not to answer without an attorney.” Anything you say can be used against you later.
4. Field Sobriety Tests Are Voluntary in Georgia
In Georgia, field sobriety tests (such as walking in a straight line or following a pen with your eyes) are voluntary. Refusing these tests typically cannot be used against you in court, though an officer may still arrest you based on other observations.
5. Chemical Test Refusal Has Consequences in Georgia
Under Georgia’s implied consent law, if you’re arrested and refuse a chemical test (like a breath or blood test), you may face an automatic driver’s license suspension—even if you're not ultimately convicted of DUI. Officers are required to inform you of this before testing.
6. Invoke Your Right to an Attorney
If you’re arrested, clearly state that you want a lawyer. Do not answer further questions. Politely exercising your rights cannot be held against you in court.
DUI Defense
Strategies
You may think you can’t fight a DUI charge, but that’s not always true. There are many potential defenses for an experienced Augusta defense attorney to explore — especially one with a strong track record in DUI cases. Some of the issues we will evaluate when you hire the J. Todd Mitchell Law Firm to represent you in a DUI case include:
Georgia Implied
Consent Law
A person operating a motor vehicle on Georgia roads is deemed to have consented to chemical testing. A chemical test refusal triggers a driver’s license suspension even if the driver is not convicted of DUI.
However, it’s important to know that the “automatic” suspension may be subject to challenge in certain circumstances–if you act quickly. Here’s what you need to know about implied consent in Georgia.
The Right Augusta DUI Attorney Can Make All the Difference
Contrary to popular belief, it is often possible to fight a DUI charge and win. However, not every attorney has the necessary knowledge, experience, and willingness to go to trial.
Attorney J. Todd Mitchell understands how significant the impact of a DUI conviction can be. He also has extensive experience in all aspects of the DUI process, from plea negotiation and pre-trial motions to suppress evidence to arguing cases to Augusta juries. Our goal is always to minimize the impact of criminal charges on your life.
To get started with a free consultation, contact us today by filling out our website form or calling (706) 750-0501.
Laws Governing
DUIs References
Case Results
When the stakes are high, the results matter most.
Trafficking Methamphetamine
Charged with trafficking methamphetamine. Case reduced to possession with intent and sentenced to probation.
Aggravated Child Molestation
Charged with aggravated child molestation. Case transferred to juvenile court and sentenced to probation.
Sexual Harassment
Client accused of falsely imprisoning and sexually harassing a teenage girl. Client was found not guilty of felony charges.
Charged With Trafficking
Case reduced to possession with intent and sentenced to first offender probation.
Murder Dismissed
Defendant charged with murder. Case resolved with a plea to charges allowing first offender probation.
Burglary
Charged with burglary for assisting co-defendants in entering a vacant home while co-defendants were armed with firearms. Case dismissed.
RICO Indictment Avoided
Client arrested in a gang investigation and charged with possession with intent to distribute controlled substances. Prosecutors agreed to not charge defendant in a RICO/criminal street gang indictment and agreed to dismiss all remaining charges.
Drive-By Shooting
Defendant charged with committing a drive-by shooting and shooting someone in the leg. Defendant sentenced to first offender probation.
.235 DUI Reduced
Defendant charged with DUI and blew a .235. Case reduced to reckless driving.
Client Reviews
Here is what our clients have to say.
Todd Got My Case Dismissed
"Awesome lawyer!!! Had a DUI case in May 2025. Todd got the case dismissed by Feb 2026. He kept me updated throughout the whole process. Would recommend without a doubt!!"
Commanding in the Courtroom
"I am truly grateful to Mr. Mitchell for everything he did for me and for the outcome he achieved. If you are looking for an attorney who is knowledgeable, meticulous, commanding in the courtroom, and genuinely cares about his clients, I would recommend Todd Mitchell without hesitation."
Skilled, Respectful Representation
"Was initially charged with a DUI, and with great work from Todd and great information at hand, he was able to reach a settlement to get it reduced to reckless driving."
DUI Dropped to Reckless Driving
"Got a DUI dropped to reckless driving. Way to go Todd, thanks for everything."
Professional, Responsive, Dedicated
"I’m very grateful for the help and support I received from my lawyer. They were professional, responsive, and took the time to explain everything clearly throughout the process. I truly appreciate their dedication and would definitely recommend their services to anyone in need of a great attorney."
The King of Trials - Mr. J. Todd "The Lion" Mitchell
Mr. Mitchell is a real lion in the court room. I was facing 52 years and came out with a 2-5 year sentence. When his back is against the wall, Todd doesn't give up. I think he should change his name to J. Todd "The Lion" Mitchell. He is the only lawyer I will trust.
Todd Was Amazing!
"Todd was amazing! If you have any type of case, this is the guy who will give you a better outcome in the Augusta area. He’s familiar with officers and judges so he’s an amazing source to help you out in your case.."
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Augusta DUI Defense Lawyer FAQs
If you’ve been charged with a DUI in Georgia, you undoubtedly have questions and concerns. The best source of information about the strength or weakness of the case against you and the possible consequences in your specific case will be an experienced local DUI lawyer. The high-level information below will give you a general idea of what to expect.