This month, we will take a closer look at some of the specific aspects of Georgia Law in regards to driving under the influence. There are two different ways a person can be found in violation of Georgia DUI laws:
- Driving Under the Influence (DUI) – You can violate Georgia DUI laws if you are considered “under the influence” even if your blood alcohol content (BAC) is below the legal limit. To be found guilty, the District Attorney would need to prove that you were arrested for driving a vehicle after consuming alcohol or drugs. They would need to show that you were mentally or physically impaired by using evidence about your driving or a field sobriety test.
- DUI “Per Se”— If you take a field sobriety test when you are pulled over and your BAC is over the legal limit, you will likely face what is called a “rebuttable presumption,” meaning the court can now presume that you were under the influence and it would be up to your attorney to bring evidence to help your case.
Legal Limit: For most drivers, the legal limit for a blood alcohol level is 0.08% or higher. If you are under the age of 21, it is 0.02%* and for commercial drivers it is 0.04%.
*For drivers under the age of 21, Georgia Law has a zero tolerance policy. That means if you are shown to have detectable alcohol in your blood of 0.02%, the law calls for a Driver’s License Suspension minimum of six (6) months and fines. If your BAC is 0.08% or higher, drivers under the age of 21 will face the same penalties as an adult.
Georgia DUI Penalties
When you are arrested for a DUI, Georgia law allows for two categories of penalties: administrative and criminal. We will learn
The administrative penalty is the suspension or revocation of your license, which is handled separately from other potential penalties determined by the court. The Georgia Department of Driver Services (DDS) handles the suspension/revocation based on whether you refused the state chemical test or consented to testing and the results were 0.08% Blood Alcohol Content (BAC) or more.
The rest of your potential DUI penalties are imposed by a Georgia criminal court. These criminal penalties could include:
- Jail time
- Community service
- Drug and Alcohol Evaluation
- Risk Reduction (GA’s DUI school)
Need Help? Hire DUI Lawyer Ashley Schiavone Today
Georgia DUI laws change over time as our state legislature periodically amends the rules. If you are facing a DUI, make sure to contact Schiavone Law immediately so we can attempt to mitigate your hardships and help you navigate this often difficult and confusing road. Get the help and advice you need.