Georgia DUI laws are extremely complex and many issues can arise during the defense of a Georgia DUI case. Our Georgia DUI lawyers specialize in analyzing DUI laws and how they apply to your case. The below information outlines Georgia’s DUI law, and our Georgia DUI lawyers can help you understand how these laws affect your case.
In the state of Georgia, it is a crime to drive or be in actual physical control of any moving vehicle on public or private property while:
- Under the influence of alcohol to the extent that it is less safe for the person to drive. (“Less Safe” Alcohol Law)
- Under the influence of drugs to the extent that it is less safe for the person to drive. (“Less Safe” Drug Law)
- 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. (“Less Safe” Toxic Vapors Law)
- Under the combined influence of alcohol and drugs to the extent that it is less safe for the person to drive. (“Less Safe” Alcohol and Drug Law)
- 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. (“Per Se” Law)
- 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.
Our lawyers can explain the difference between “less safe” and “per se” Georgia DUI charges. “Less safe” charges are the traditional common law DUI charges in which the state is required to prove that the consumption of alcohol and/or drugs impaired the driver’s ability to operate a motor vehicle safely. Field sobriety tests and state-administered blood, breath or urine tests are used to show indications of impairment. A Georgia DUI “Less Safe” Drug charge can apply to prescribed drugs that you are using legally as well.
A Georgia’s “Per Se” DUI charge uses just the state-administered test to show an individual is “driving with an unlawful blood alcohol level.” The Georgia “Per Se” law can be violated even if the person is driving a motor vehicle in a safe manner since this charge is solely based on the illegal concentration of alcohol and/or drugs in their body. Below are circumstances in which a person would be charged with a Georgia DUI.
o Driver over 21 and a blood alcohol level of .08 or higher
o Driver under 21 and a blood alcohol level of .02 or higher
o Truck driver with a CDL and a blood alcohol level of .04 or higher
All penalties for a Georgia DUI charge are very serious, so if you have been arrested for a Georgia DUI, contact our knowledgeable and experience DUI lawyers immediately for a free consultation.
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