More Americans are charged with driving under the influence ( DUI ) each year than any other crime. As such, DUI law is a highly-specialized area of legal expertise. If you’ve been charged with a DUI in Georgia , you need more than just a criminal defense Attorney —you need the best DUI lawyer you can find. And you’ve found him here. I have successfully won DUI cases for more than twenty years . We work to ensure our clients understand Georgia DUI law so they can understand the charges against them and the best case against their DUI . A Quick Summary of Georgia DUI Law is listed below.
A Quick Summary of Georgia DUI Law
Although several parts of the Georgia Code pertain to DUI cases, the main DUI statute is found in O.C.G.A. Section 40-6-391. If you are charged with DUI, you will be charged with violating subsections (a) (1,2,3,4,5, or 6) of Georgia DUI Code 40-6-391. Lawyers identify subsections (a) (1-4) as “less safe”violations, and (a) (5-6) as “per se”or “unlawful level” violations.
Less Safe Driver DUI Definition
( O.C.G.A. DUI Section 40-6-391, Subsections (a) 1, 2, 3 and 4)
In Georgia , if you are charged as a “less safe” driver, the prosecuting witness will have to prove that you are driving under the influence (DUI) of alcohol, drugs, glue or a combination of same to the extent that you are less safe to drive as a result of such consumption. The officer typically makes his DUI case by testifying as to any physical manifestation you exhibit (e.g. odor of alcohol, bloodshot glassy eyes, unsteady on your feet, slurred speech ), or by any unsafe driving maneuver.
Per Se DUI Definition
( O.C.G.A. DUI Section 40-6-391, Subsections (a) 5 and 6)
To be charged in Georgia with a “per se” DUI violation, you either must have an unlawful blood alcohol level ( see below for limits ) or any illegal drugs. Keep in mind that the prosecuting witness would not have to prove that you were a less safe driver. He would only have to prove that you had either an unlawful blood alcohol level or any amount of contraband drugs in your system.
Remember, in Georgia , DUI does not necessarily constitute loss of your license and driving privileges, astronomical fines or imprisonment. Call 770-455-1350 to find out how to retain your license, mitigate fines or jail time or even successfully defend and win your DUI case. Other key concepts in Georgia DUI Law; Legal Blood Alcohol Limits in the State of Georgia Most people believe that you have to have a 0.08 blood alcohol level in order to be convicted of DUI . Nothing could be further from the truth. Georgia DUI law provides that if you test 0.05 or less, then a jury may infer that you were or were not driving under the influence ( DUI ). However, if the prosecutor can show through proper evidence that you indeed were a less safe driver, then you could be convicted with a DUI in Georgia.
Georgia DUI Under the Age of 21
In Georgia , if you are under 21 years of age, an alcohol reading of 0.02 is a “per se” violation of the DUI statute. Teenage or underage drivers are dealt with in more detail at: http://www.georgiadefenders.com/traffic.teenage.htm
Georgia DUI Over the Age of 21
If you are 21 years of age or older and test 0.08 , then you are “per se” in violation of the Georgia DUI statute.
Operating Commercial Vehicles while DUI in Georgia
If you were operating a commercial vehicle when you were stopped and your blood alcohol level is 0.04 , then you are “per se” in violation of Georgia DUI statute.
Your Breath Test is not always Admissible in DUI Court!
In order for you to be found guilty of a “per se” DUI violation in Georgia , the prosecutor must first be able to present your reading as evidence. If the reading is allowed as evidence and if the jury believes the reading to be accurate, no further evidence is required for a DUI conviction. If you have a good DUI lawyer , this is easier said than done.
Call me at 770-455-1350 for the best DUI consultation!
Park Ridge 85, 2900 Chamblee-Tucker Road , Building 1, Atlanta , Georgia 30341
Hire an experienced DUI Attorney to determine if your Breath Test reading is admissible in court in the state of Georgia!
10 Day Rule
If you scored a 0.08 or higher, refused to take the test or were underage, you only have 10 days to file for a special hearing. Failure to do so will result in a 1-year suspension of your license. Click here to go to the 10 Day Rule test page.
Did you know you are not required to take a breath test? We list some things you should know before and after your arrest. Click here to read more about the Breath Test.
Female DUI Issues
Women are different than men, and respond to alcohol and situations in ways that police are not trained for. Click here to read more about Female DUIs.
Mike Mullis is a well-respected DUI attorney in southern Georgia. His site provides comprehensive information about Georgia DUI law. http://duiguy.com