Philip Kim Law represents people facing DUI charges in Buford and provides DUI defense throughout Gwinnett County. Most of Buford lies in Gwinnett County, although part of the city extends north into Hall County. Our DUI attorney helps clients understand which court has jurisdiction, what to expect from the local process, and how to build a defense based on the specific facts of the arrest.
UNDERSTANDING
DUI Charges in Buford, GA
Georgia prosecutes DUI under O.C.G.A. § 40-6-391. The statute covers driving or being in actual physical control of a moving vehicle while impaired by alcohol, drugs, or certain other substances. It also establishes alcohol-concentration limits, including 0.08% for most drivers aged 21 and older, 0.02% for drivers under 21, and 0.04% for commercial drivers.
A first or second DUI conviction is generally treated as a misdemeanor. A third conviction within the applicable ten-year period is a high and aggravated misdemeanor, while a fourth or subsequent conviction within that period may be prosecuted as a felony.
A first DUI conviction can carry penalties that include:
- A fine of $300 to $1,000
- Up to 12 months in jail
- At least 40 hours of community service
- Completion of a DUI Alcohol or Drug Use Risk Reduction Program
- A clinical evaluation and any required treatment
- Probation and driver’s license consequences
Georgia also treats driving under the influence with a passenger under age 14 as a separate offense, meaning one arrest can result in more than one DUI-related charge.
For Buford residents and visitors, DUI is not the only alcohol-related driving offense that may arise locally. Lake Lanier is just north of the city and is a major recreation destination for the area. Georgia addresses boating under the influence separately under O.C.G.A. § 52-7-12, which prohibits operating or being in control of a moving vessel while impaired and sets a 0.08% alcohol threshold for most adults. BUI is a separate offense from roadway DUI and follows its own legal framework.
The license side of a DUI case can also begin before the criminal charge is resolved. Under Georgia’s implied consent law, O.C.G.A. § 40-5-67.1, refusing a required state-administered chemical test can lead to separate license consequences.
The Court Process for Buford DUI Cases
Because Buford crosses the Gwinnett-Hall county line, the court handling a DUI depends on where the stop occurred and which law-enforcement agency issued the citation. The City of Buford identifies Gwinnett County Police and the Hall County Sheriff’s Office as the agencies providing law-enforcement services within their respective jurisdictions.
For most Buford DUI cases arising on the Gwinnett County side, a citation from Gwinnett County Police, the Gwinnett County Sheriff’s Department, or Georgia State Patrol generally begins in Gwinnett County Recorder’s Court at 115 Stone Mountain Street in Lawrenceville. The Recorder’s Court handles traffic citations issued by those agencies.
If a misdemeanor DUI proceeds to the State Court of Gwinnett County, the case is heard at the Gwinnett Justice and Administration Center, 75 Langley Drive in Lawrenceville. A felony DUI is handled in Superior Court, also at the Gwinnett Justice and Administration Center.
The northern portion of Buford falls within Hall County, so a stop there follows a different court path. Hall County advises drivers that traffic citations may be assigned to different courts depending on the citing or arresting agency. DUI and other misdemeanor traffic matters within State Court jurisdiction are handled at the Hall County Courthouse, 225 Green Street SE in Gainesville.
This is why the city name alone does not always tell you where a Buford DUI will be heard. Reviewing the location of the stop, issuing agency, citation, and court information is one of the first steps in determining how the case will proceed.
Why Buford Residents Choose Philip Kim Law
For Buford DUI cases arising in Gwinnett County, the trip through the court system generally leads to Lawrenceville. Philip Kim Law is also based there, at 368 West Pike Street, Suite 203, near the county courts where many of these matters are handled. The firm serves people in Buford from its Lawrenceville office and does not maintain a separate Buford location.
Philip Kim brings more than a decade of criminal defense experience, including work as a paralegal, public defender, and private defense attorney. He also attended the Gerry Spence Trial Lawyers College and is a member of the Gwinnett County Bar Association’s Criminal Defense Section.
Frequently Asked Questions About DUI Charges in Buford
View All FAQsWhere is a Buford DUI case heard?
It depends on where the arrest occurred. Most of Buford is in Gwinnett County, so many cases proceed through courts in Lawrenceville. An arrest in the Hall County portion of Buford may instead proceed through the Hall County court system in Gainesville.
Where does a Gwinnett County DUI from Buford begin?
A citation issued by Gwinnett County Police, the Gwinnett County Sheriff’s Department, or Georgia State Patrol generally begins in Gwinnett County Recorder’s Court at 115 Stone Mountain Street in Lawrenceville.
Is a first DUI in Georgia a felony?
No. A first DUI is generally a misdemeanor. Repeat convictions within the applicable ten-year period can result in more serious classifications, including a high and aggravated misdemeanor or felony.
Can a DUI arrest affect my driver’s license before the case ends?
Yes. The administrative license process is separate from the criminal DUI case. Certain chemical-test results or a refusal to submit to required testing can create license consequences before the criminal matter is resolved.
Is boating under the influence on Lake Lanier the same as DUI?
No. Georgia regulates boating under the influence separately under O.C.G.A. § 52-7-12. Although DUI and BUI both address alcohol or drug impairment, they involve different statutes and circumstances.
How Can a Buford DUI Attorney Help?
A Buford DUI attorney can review the circumstances of the arrest, determine which court has jurisdiction, examine the traffic stop and testing procedures, identify issues with the prosecution’s evidence, and represent you throughout the case. Philip Kim Law represents people charged with DUI in Buford and throughout Gwinnett County.
Contact Our Buford DUI Lawyer Today
A DUI charge can affect your license, your record, and your day-to-day life. If the arrest occurred in Buford, determining whether the case belongs in Gwinnett or Hall County is also an important part of understanding what comes next.
Contact us today at 678-273-3500 to schedule a free consultation.