Atlanta DUI Laws Made Simple
You have a job, family, friends and little time to “study” the ever-changing DUI laws. But suddenly you or someone you love is facing a DUI charge and the last thing you have time for is to sort through legal jargon just to understand your rights. So we’ve made the process easier by given you the skinny on Georgia DUI laws in plain English.
DUI stands for driving under the influence and this can include drugs and/or alcohol. No matter what the circumstances of your case are, hiring a DUI defense attorney may be in your best interest.
There are actually two types of DUI cases. The first is a violation of subsections 1-4 found in the Georgia Code section 40-6-391. Your lawyer will know that is a “less safe” violation. This means that the prosecuting witness will have to prove that you were driving under the influence. Usually the arresting officer will testify that he or she observed poor driving actions such as swerving or noticed a physical attribute such as the smell of alcohol on your breath and slurred speech.
The second violation of subsections 5-6 are known as “per se”. In this case, the prosecution will only have to proof that you were driving with an illegal amount of alcohol or drugs in your system. This is determined by your blood alcohol content, which is obtained through chemical testing of your blood, breath or urine. In Georgia, your BAC cannot exceed .08% or you are DUI. You are also “per se” if you found with any amount of illegal drugs in your vehicle or on your person. Remember, “per se” violation doesn’t mean you were necessarily intoxicated, but that you were over the state’s legal limit.
Now let’s get back to that number, .08%. Under Georgia law, even at .05% or less, the prosecution may still prove that you were an unsafe driver if they can provide evidence. Georgia law also states that if your BAC was between .05% and .08%, there is no inference one way or the other that you were a less safe driver.
All states, including Georgia also have a Zero Tolerance law in place, which relates only to those drivers under 21. You are violating the “per se” law if you are found with a BAC of only .02%. For commercial drivers, the “per se” violation takes effect at a BAC of .04%.
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