About Atlanta DUI Law
Georgia DUI Basics
You probably have a job or career, a family, friends -- and no time or desire for an in-depth study of constantly evolving Georgia DUI law. However, if you or someone you are close to is suddenly facing DUI charges, you need to familiarize yourself with Georgia DUI law -- as well as what your rights really are, some common mistakes made by both the person charged with the offense and the police officers, plus a lot of other DUI tips and information. This Atlanta DUI Law website has been designed to give you, the lay person, the low down on Georgia DUI laws without using a bunch of legal jargon.
DUI stands for driving under the influence. DUI can include drugs and/or alcohol. Regardless of the specifics of your particular case, hiring a DUI defense attorney is most likely 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 is a "less safe" violation. This means that the prosecuting witness will have to prove that you were driving under the influence. In this situation, the arresting officer will usually testify that he or she observed poor driving behavior on your part, such as swerving or crossing into the wrong lane; or, perhaps the officer will state he/she 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, your BAC cannot exceed .08% or you are considered to be DUI. You are also "per se" if you are found to have any amount of illegal substances or drugs in your vehicle or on your person. So, a "per se" violation doesn’t mean you were necessarily intoxicated, but 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 to drivers under 21. So of you are not of legal drinking age, 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%.