GEORGIA DUI LAW
Georgia DUI law can be tough. Drunk driving laws across the country have taken a "no-nonsense" approach in recent years The legal blood alcohol content (BAC) limit is now 0.08% in all 50 states.
DUI / DWI punishments have increased. Jail sentences, higher fines, increased car insurance premiums, longer driver's license suspensions, mandatory alcohol education programs, and ignition interlock devices are commonly imposed DUI / DWI penalties.
Georgia DUI Law - Here's A Few Things You Can Expect
Blood Alcohol Content
In Georgia, a driver with a blood alcohol concentration (BAC) at 0.08% or above is considered "per se intoxicated" under the law. This means that even if your driving were perfect, your alcohol level is too high to be legally operating a motor vehicle. Under Georgia DUI law, if you refuse the test, your driver's license can be immediately suspended for up to 5 years.
If you're a commercial vehicle driver (CDL) with a BAC of .04 or higher, you're considered intoxicated even if you're not driving a commercial vehicle at the time.
Under this statute, this test result is all that's necessary for a driver to be charged with Driving Under the Influence (DUI).
Zero Tolerance Blood Alcohol Content
In all states, "zero tolerance laws" apply to drivers not of legal drinking age. According to Georgia DUI law, persons under the age of 21 operating a car with a 0.02% blood alcohol level or over are subject to DUI penalties.
Implied Consent Law
If you're a driver and you're suspected of driving under the influence of alcohol, your driving priviledge requires you to submit to breath, blood, or urine testing for alcohol content. This is known as an "implied consent law."
In other words, by utilizing the roadways of Georgia, you imply your consent to chemical testing if requested by law enforcement because you are displaying suspicious behavior. Denial carries penalties that can include suspension of your driving privilege for up to 5 years and permanently in some cases.
Administrative License Suspension or Revocation Penalties
There are minimum mandatory penalties imposed on drivers with a blood-alcohol concentration above Georgia's maximum allowable level of 0.08%.
License suspension or revocation penalty is also imposed on drivers for declining to submit to blood, breath, or uring testing for alcohol content per the "implied consent laws" discussed above.
You must ask for a Georgia Department of Public Safety (DPS) hearing within ten days of the time that a person is arrested for a Georgia DUI. If you fail to do so or do not do it properly, the Georgia DPS has the right, and will usually-suspend your license for a period of up to five years time.
If you make the appropriate request in the time frame alloted by the Georgia Department of Public Safety, you and your attorney will have the right to argue to keep your Georgia driving license. You may also be able to get a license known as a probationary license until your case is tried in court.
Georgia DUI law for even a first offense can impose up to $1000 in fines, jail time from 24 hours and 12 months, the possiblilty of up to 40 hours of community service as well as the possibility of DUI schooling and substance abuse evaluation and treatment.
Mandatory Alcohol Assessment, Education and Treatment
An alcohol evaluation, education and prevention program is a consideration for persons with a possible alcohol or drug addiction. As discussed previously, this can be required for DUI charges in Georgia.
These steps may be suggested by your attorney as a negotiation with The State of Georgia's prosecutor as an alternative to serving a jail sentence or paying fines or for a reduced sentence.
Georgia DUI law charges require an experienced lawyer who is well-acquainted with the Georgia legal system. Getting the best Georgia DUI lawyer you can will save you in many ways.
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The fact is that these DUI / DWI penalties may be avoided or at least minimized with the help of an experienced attorney who concentrates on DUI / DWI defense.
A skilled lawyer will challenge most evidence submitted against you in a drunk-driving case and try to create "reasonable doubt" as to your guilt.
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Having a lawyer to plead your DUI or DWI case is essential. Get the best DUI lawyer you can; one who knows the State DUI Laws, the DUI consequences, and the DUI fines and penalties for YOUR best outcome and to stay out of jail.
Additional Resources For Drunk Driving Charges
Locate Sobriety Check Points and Speed Traps BEFORE You Get To Them!
Go to the website of your particular state to verify the drunk driving laws, penalties and fines. Changes occur in state DUI laws and this site is meant to provide general information only. Please read our disclaimer.
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