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Georgia DUI Laws

William C. Head
William C. Head
Tom Thomas
Tom Thomas
Lee Webb
Lee Webb
Gregory Willis
Gregory Willis

Lawrence Kohn
Lawrence Kohn

In Georgia, driving under the influence (DUI) is more than just a traffic violation – it is a serious offense. People who have been convicted of this crime have faced life-altering penalties from jail time and probation to fines and the loss of driving privileges.

If you were recently arrested for drunk driving and wish to fight these daunting charges, you should immediately contact an attorney who is experienced with DUI law. With a knowledgeable lawyer at HTW&W on your side, you may be able to have your charges reduced and, in some cases, dropped altogether.

There are two types of DUI offenses in Georgia. The first is a “less safe” driver violation. When someone is charged as a less safe driver, the prosecution must prove that the driver was impaired by alcohol or drugs to the extent that it made the driver less safe on the road. The arresting officer can make his or her case by testifying about the condition and/or appearance of the driver at the time of the arrest (i.e., bloodshot eyes, slurred speech, smell of alcohol) as well as any unsafe driving actions the defendant made.

The second violation is what is known as a “per se” violation. A driver who had a blood alcohol content (BAC) level higher than the legal limit or who has any contraband drugs can be charged with this violation. For this type of law, the prosecuting attorney does not have to prove that the driver was being unsafe, just that he or she had an unlawful BAC while operating a vehicle.

The legal BAC limit for someone charged with a “per se” violation is .08 percent. For a driver under the age of 21, the limit is .02 percent, and for a commercial driver this limit is .04 percent.

Even if a driver’s BAC is under these limits, he or she may be charged with a DUI if the state can prove that the driver could not operate a vehicle safely due to drug or alcohol impairment.

Don’t let a DUI charge affect your future. Submit your case online today to an experienced DUI attorney at HTW&W for a free consultation.

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