Georgia DUI Charges

Practically every driver in the state of Georgia knows it is against the law to operate a vehicle while under the influence of alcohol—a crime often referred to as DUI, or driving under the influence. However, what many of these individuals fail to understand is that, depending on the circumstance, there are many different Georgia DUI charges that can be imposed on them.

First and foremost, although it is against the law to drive with a blood alcohol content (BAC) of 0.08% anywhere in the United States, Georgia drivers can also be charged with a “less safe” DUI offense if their BAC is below this limit, but they show signs of impairment. As a result, one person can be charged with “per se” DUI for driving with an illegal BAC (even if his or her ability to drive is not affected), while another can be charged with “less safe” DUI if he or she is driving erratically, regardless of BAC.

It is also important to note that the federal BAC limit applies only to drivers who are legally permitted to purchase alcohol. Drivers under the age of 21 must abide by the state’s Zero Tolerance Laws, which impose a much lower 0.02% blood alcohol content limit on minors. Likewise, if you have a commercial Georgia license, you are allowed no more than a 0.04% BAC—even when driving a standard vehicle.

The good news is that, because officers cannot pull over every driver on the highway, the law requires members of law enforcement to have “probable cause” for stopping a vehicle. In other words, you must commit an offense in order to be stopped by a Georgia officer—such as speeding or running a red light. If you are stopped without reason, that means your arrest may have been unconstitutional, and the charges against you may be dismissed.

Even if there is probable cause for the officer to stop you, he or she must then have probable cause to suspect you of DUI. For example, if your speech was slurred or the officer smelled alcohol on your breath, it is reasonable to assume you may be intoxicated, which means the officer can request chemical testing to determine your BAC. It is important to know that, due to Georgia’s Implied Consent Law, you are legally required to submit to these tests by performing a breathalyzer and/or submitting a blood or urine sample.

Prior to administering a chemical test, the officer may also ask you to perform a series of field sobriety exercises, such as balancing on one foot or walking an invisible line. Be aware that, while these tests are voluntary, your results may be used to prove probable cause for your arrest. To prevent such subjective evidence from being used against you, it is best to politely decline to perform these tests.

If you are facing one or more Georgia DUI charges, make sure you contact an attorney immediately. After representing countless drivers like you, the Law Offices of Greg Willis has what it takes to challenge the evidence in your case and prevent it from being used against you in court.

Call now for a free consultation on your case. Should you retain our services, we’ll appeal your license suspension at no additional cost to you—and provide a free copy of The DUI Book, senior partner William C. Head’s comprehensive guide to Georgia’s DUI law. Call now to learn more.

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