About Georgia DUI Law:
A quick overview of Georgia DUI Basics
You probably have a job or career that you love; family and friends that love you
-- and no time or desire for an in-depth study of constantly evolving Georgia DUI
law. However, if you or someone close to you is suddenly facing DUI charges then
you need to familiarize yourself with Georgia DUI law quickly. Also, you need to
learn what your rights really are, some common mistakes made by the person charged
with the offense, common mistakes made by the police and many other DUI tips and
information. This Georgia DUI Law website has been designed to give you, the lay
person, a brief education on Georgia DUI laws without using a bunch of legal jargon.
DUI stands for driving under the influence. DUI can include drugs, even prescription
drugs, and/or alcohol. Regardless of the specifics of your particular case, if you
are charged with driving under the influence of drugs or alcohol, hiring a DUI defense
attorney is in your best interest.
There are actually two main 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 as a "less
safe" violation. This means that the prosecutor will have to prove that you were
driving under the influence. In this situation, the arresting officer will usually
testify that they observed poor driving on your part, such as swerving or crossing
into the wrong lane; or, perhaps the officer will state that they noticed the smell
of alcohol on your breath, slurred speech, watery eyes, or other physical clues or
conditions.
The second violation of subsections 5-6 are known as "per se". Here, the prosecutor
will only have to prove that you were driving with an illegal amount of alcohol or
drugs in your system. This is determined by your blood alcohol content (BAC), which
is obtained through chemical testing of your blood, breath, or urine. In Georgia,
if your BAC is .08% or above you are considered to be DUI. You are also "per se"
if you are found to have any amount of illegal substances or drugs (marijuana for
example!) in your vehicle or on your person. So, a "per se" violation doesn't mean
you were necessarily intoxicated only that you were over the state’s legal limit.
Under Georgia DUI law, the prosecution may still try to prove that you were driving
in an unsafe manner, if they can provide evidence -- even if your BAC is .05% or
less! Georgia DUI 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.
Georgia -- like all other states now -- also has a Zero Tolerance law on the books;
this pertains especially to drivers under 21. So if you are not of legal drinking
age, you are violating the "per se" law if you are found with a BAC of only .02%.
If you are under 21 and you are convicted of DUI then you cannot get your driver’s
license until you turn 21! For commercial drivers, the "per se" violation takes
effect at a BAC of .04%. That means that a professional driver loses his license
faster than the average citizen.
