If you get a DUI in Georgia, it means that you were operating a motor vehicle under the influence of alcohol and/or drug(s) to the extent that your motor skills, mental faculties and your reaction times were impaired to the point that you can’t operate a motor vehicle safely. Driving with a blood alcohol content of .08% or greater is considered per se, or automatically, under the influence of alcohol.
When you’re arrested for a DUI in Georgia, there are two separate cases that arise: the criminal court case, which is held to determine your liberty, and the civil or administrative Department of Driver Services (DDS) case, which is held to determine your eligibility to have a driver’s license.
DUI IN GEORGIA PENALTIES
If you’re convicted of a DUI in Georgia – depending on the circumstances – you can expect to pay substantial fines and be subjected to varying penalties. If you are convicted of your first DUI, you’re probably going to be subjected to court fines reaching into the thousands of dollars! In addition, a DUI first offense requires a 24 hour mandatory jail period as a minimum up to one year as a maximum. You will be required to perform 40 hours of community service. Your first DUI will also result in probation. Your license will be subject to a one year license suspension.
GEORGIA’S “LESS SAFE” DUI
Georgia has a “less safe” provision in its DUI laws. A per se or automatic DUI in Georgia involves a blood alcohol content of .08 or greater – that is if you are driving with a .08 or greater, then you are per se driving under the influence. But what happens if you are less than a .08? Will you not be prosecuted? Not necessarily. Under Georgia’s “less safe” provisions, the state may prosecute you if your blood alcohol content was between a .05-.07, and it can show that the alcohol made you a less safe driver. By showing physical manifestations of the impact of the alcohol such as poor field sobriety tests, poor driving pattern, slurred speech, and an unsteady gait while walking, the state may prosecute you under the “less safe” provision.
GEORGIA DUI LAWYER
Georgia DUI attorneys defend DUI offenses and drunk driving cases and DUI in Georgia. A Georgia DUI attorney or criminal defense attorney will be able to assist you with the two separate cases that you’re facing and offer DUI defense strategies. They will be able to handle both the criminal DUI charges and the administrate case with DDS regarding a license suspension or revocation.