As in all other 50 states, Georgia law makes it illegal for a person to drive while under the influence of drugs and/or alcohol. DUI stands for driving under the influence and this can pertain to substances found in your blood alcohol content (BAC), which may include alcohol, drugs whether legal or illegal and medications whether prescribed or over-the-counter. Alcohol and drugs affects a person’s physical, mental and motor skills, which also affects the way a person drives and makes them a serious danger to other drivers on the road, any pedestrians or even themselves.
Atlanta's DUI Laws
In Atlanta, Georgia, the laws that govern DUI are as follows: the United States Constitution, the state of Georgia’s Constitution, the Georgia Code and the Administrative Georgia Code and the appellate rulings on DUI by the Georgia Court of Appeals and even the Supreme Court of Georgia. Your DUI defense attorney must be familiar with all of the laws governing DUI. Under the Georgia Code, you’ll find the DUI-specific laws as well as rules outlining DUI criminal procedures including trials. The Georgia Administrative Code relates to the rules of scientific testing of blood, breath or urine and the certification of qualified police officers on how to properly administer breath tests. If a DUI conviction is appealed, the Georgia Court of Appeals and the Supreme Court of Georgia interpret the governing DUI laws and rule on individual DUI cases. Remember, if the Supreme Court finds a law or rule unconstitutional, they can strike it down.
Your Legal Rights
Like any criminal procedure, state and federal constitutions guarantee the presumption of innocence until proven guilty. And any driver charged with a DUI has the right against self-incrimination, which should be explained through the Miranda right readings of the arresting officer. Any Atlanta driver charged with DUI also is protected under the 4th amendment of illegal search and seizures. If the DUI case goes to trial, the defendant (or the representing defense attorney) will also have the right to challenge witnesses’ claims.
And with political pressures causing federal and state laws on DUI to become more strict, it is even more imperative that you hire a DUI defense attorney experienced in this complex and ever-changing field of law. If you're facing a drunk-driving charge, call Kohn & Yager or complete a free online case evaluation to schedule a consultation for your case.