DUI (Driving Under the Influence) laws in Georgia are strict and can carry severe penalties. It is very important that you have an experienced criminal defense attorney to advocate on your behalf during your DUI case. Keep reading to learn more about DUI laws in Georgia!
DUI laws in Georgia
Under O.C.G.A. § 40-6-391, a person cannot drive or be in actual physical control of any moving vehicle while:
- Under the influence of alcohol to the extent that it is less safe for the person to drive;
- Under the influence of any drug to the extent that it is less safe for the person to drive;
- Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
- Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;
- The person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
- Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance present in the person’s blood or urine, or both, including the metabolites and derivatives of each or both, without regard to whether or not any alcohol is present in the person’s breath or blood.
O.C.G.A. § 40-6-391 boils down to two primary laws governing DUI offenses in Georgia: the “per se” law and the “less safe” law.
Under Georgia’s “per se” law, it is illegal for any driver over the age of 21 to operate a motor vehicle with a blood alcohol concentration (BAC) level of 0.08% or higher. For drivers under the age of 21, the BAC limit is even lower, at 0.02%.
Georgia’s “less safe” law applies to drivers impaired by drugs or alcohol but whose BAC levels are below the legal limit. The law allows law enforcement officers to arrest drivers who appear to be under the influence of drugs or alcohol, even if their BAC levels are below the legal limit.
Penalties
The penalties can be severe if a driver is convicted of a D.U.I. offense in Georgia. For a first offense, the penalties can include fines of up to $1,000, a license suspension of up to one year, and up to one year in jail. The penalties for second and subsequent offenses become more severe, with longer license suspensions and jail sentences.
In addition to the legal penalties, a DUI conviction can significantly impact a person’s personal and professional life. It can lead to higher insurance rates, difficulty finding employment, and a tarnished reputation in the community.
Defenses
If you have been charged with a DUI in Georgia, there may be potential defenses that can help you fight the charges or reduce the severity of the penalties. Some of the possible defenses include:
- Challenging the legality of the traffic stop: Law enforcement officers must have probable cause to stop a driver on suspicion of DUI. If the stop was illegal, any evidence obtained after the stop may be suppressed and not admissible in court.
- Questioning the field sobriety test results: Field sobriety tests are subjective and can be affected by various factors, such as weather conditions, physical disabilities, and the officer’s interpretation. An experienced DUI attorney can challenge the validity of these tests and question the officer’s conclusions.
- Disputing the breathalyzer or blood test results: Breathalyzer or blood tests are not infallible and can be influenced by various factors, such as the equipment’s calibration and the handling of the sample. A DUI lawyer can challenge the results of these tests and question their accuracy.
- Arguing that the driver’s impairment was caused by something other than alcohol or drugs: DUI charges can be challenged if the driver’s impairment was due to a medical condition, fatigue, or stress, rather than alcohol or drugs.
- Negotiating a plea bargain: If the evidence against the driver is strong, a DUI attorney may be able to negotiate a plea bargain to reduce the severity of the charges and penalties.
It is important to note that each DUI case is unique, and the defenses available will depend on the specific circumstances of the case. It is crucial to consult with an experienced DUI attorney in Georgia to discuss your options and build a strong defense.
Why do I need a lawyer if I am charged with a DUI?
A criminal defense attorney can help you in many ways if you are charged with a DUI in Georgia. Here are some of the ways a criminal defense attorney can assist you:
- Protect your rights: A criminal defense attorney can help protect your constitutional rights throughout the legal process, including your right to remain silent, your right to an attorney, and your right to due process.
- Navigate the legal system: An experienced criminal defense attorney knows the ins and outs of the legal system and can help guide you through the complex and often confusing process of a DUI case.
- Investigate the case: A criminal defense attorney can investigate the circumstances surrounding your arrest, including the legality of the stop, the validity of the tests administered, and the handling of evidence.
- Build a strong defense: Based on the investigation, a criminal defense attorney can develop a strong defense strategy tailored to your specific case, which may involve challenging the evidence, questioning witnesses, or negotiating a plea bargain.
- Represent you in court: A criminal defense attorney can represent you in court, present your case to a judge or jury, and argue on your behalf.
- Mitigate the consequences: If you are convicted of a DUI, a criminal defense attorney can work to mitigate the consequences, such as reducing fines or jail time, negotiating community service or probation, or obtaining a hardship license that allows you to drive to work or school.
A criminal defense attorney can provide you with the legal expertise, guidance, and representation you need to achieve the best possible outcome in your DUI case.
Further, there are important steps that a person must take after being charged with a DUI. These steps are time sensitive–such as submitting the 30-Day Letter. A Georgia criminal defense attorney will ensure you meet the necessary deadlines to save your driving privileges.
Have questions? Give me a call.
Navigating the criminal legal system can be confusing. I have decades of experience fighting for clients at all stages of their cases, including people arrested for driving under the influence. I know the players in the Georgia criminal court, and I am here to help you throughout the life of your case. If you have questions about Georgia’s DUI laws or legal questions, give me a call today!
