DUI - DRUNK DRIVING IN GEORGIA
Athens GA DUI Attorney - Drunk Driving Lawyer
Our Athens law firm handle the following DUI and vehicle offenses:
| GA DUI - Drunk driving Underage drinking All alcohol related crimes Minor Drunk driving No registration |
Vehicular homicide Improper movement ALS hearings Running red light Feticide |
Hit and run Traffic cases Speeding No license Open container |
Driving Under the Influence - DUI
You will be charged with driving under the influence if your blood alcohol content is above the legal limit or if you are under the influence of drugs (prescription or illegal drugs) to such a degree that you are impaired.
When a police officer stops you, he or she may initiate a DUI arrest if you smell alcohol or otherwise appear to be under the influence. The officer must have seen you driving.
The officer will use various methods to determine if you are under the influence including a chemical or breath test, field sobriety tests, testing your reflexes and balance as a measure of how well you are able to operate a car.
Blood Alcohol Level
Blood Alcohol Level refers to the amount of alcohol absorbed by the body.
If your blood alcohol level is .08 or above you will be considered under influence in Georgia. For minors, blood alcohol level of .02 or above is considered over the limit. The limit is .04 for commercial drivers. If your blood alcohol level is .15 or more, you will be subject to higher penalties.
Blood alcohol content can be measured by a breathalyzer test, a urine sample or a blood sample.
Several factors like if anyone was hurt or killed, if a child was in the car and if you have prior DUI convictions influence the penalties for driving under the influence.
Besides loosing your license for a period of time, you may be sentenced to probation, or even prison term in addition to fines and fees.
You may have to take a defensive driving course and/or you perform community service to get your license back. You may be required to get an ignition lock on your car, forcing you to prove you’re not drunk before the car will start. You may also lose the tags to any cars title in your name. In some cases, you may be required to go through an alcohol rehabilitation program.
Breathalyzer
A breathalyzer refers to the device police officers use to test a driver’s blood alcohol content. In Georgia the police generally use the Intoxilyzer 5000. The results are generally considered accurate but can be affected by body temperature, electrical currents, breath sprays and other conditions including the condition of the device and the officer’s training in using the device.
The officer will direct the person to blow into the device for a certain period of time. Some people with pulmonary or other health conditions may be unable to blow into the machine long enough to generate a reading.
If you refuse to take a breathalyzer test, your license can be suspended or revoked. If you refuse a breathalyzer, the police officer is required to read you an Implied Consent Form informing you that you will most likely lose your license.
Administrative License Suspension Form
If you are charged with DUI, the officer will hand you the Administrative License Suspension Form (Form 1205). You must respond within ten days or else your rights will be waived. Within ten days, you must make a request for hearing with the Department of Driving Service. If you fail to do so, you could loose your right to appeal. If you do not ask for a hearing, you can loose your license for a year or more. If you have received the Administrative License Suspension Form (Form 1205), contact an experienced Georgia DUI attorney to protect your rights.
Getting back your license after DUI
First time offenders can loose their license for a year. A second offence within a five year period can result in suspension of five years. A third offense with five years can result in revocation of the license for five years. A third time offender whose license has been revoked will not get a limited permit to drive to work or school for the first two years.
Administrative licensing hearing
You have an automatic right to an administrative licensing hearing but you must request the Department of Driving Services within ten days of your arrest for such hearing or else your will loose this right. The ten days are counted from the first business day after your arrest. At an administrative licensing hearing, an officer will determine whether to suspend or revoke your license. The hearing generally takes places about 60 days after your arrest. You must present all your evidence during the hearing. You can also cross examine the officer who arrested you. If you have been arrested for DUI, contact an experienced Georgia DUI attorney to schedule an administrative hearing for you. The attorney can represent you at the hearing and convince the officer not to revoke or suspend your license.
Driving with an open container of alcohol
Driving with an open container of alcohol in Georgia is illegal. Under Georgia law, a container is considered open if the seal has been broken, it’s actually open or some portion of the original contents has been removed. If the beverage has half of one percent or more alcohol by volume, it is considered alcoholic beverage. If you are caught driving with an open container of alcohol, you will accumulate two points on your license. This Georgia law is the result of a federal law that allowed the federal government to withhold highway funds if the states didn’t have open container laws that met certain criteria.
Boating Under the Influence
Like driving under the influence, boating under the influence is a serious criminal offense. The fact that boats do not have brakes makes it more dangerous. BUI penalties are similar to DUI penalties. A BUI conviction with be treated as a prior DUI conviction if you are charged with DUI later.
Minors and Alcohol
Legal limit
A driver under 21 with a blood alcohol level of .02 grams or more is considered driving under the influence. A conviction results in a six month suspension of license. The license is suspended for 12 months if the blood alcohol level is .08 grams or more. An underage driver must plead guilty or not guilty and cannot offer a no contest to a DUI charge in Georgia. If convicted, the minor has to retake the driving test all over again to get a new license.
Loosing license for buying alcohol
In Georgia, a minor’s license will be suspended if the minor pleads guilty or is convicted for the charge of purchasing alcohol. First time offenders will have their license suspended for six months. A second conviction will result in a 12 month suspension. If a minor is charged with an attempt to buy alcohol, the license is suspended for six months but the minor can avoid the suspension by pleading no contest. Second conviction will result in a 12 month suspension. Besides suspension of license, there are fines and probations. In Georgia, a minor who misrepresents his or her age to buy alcohol will have to face fines and probation in addition to a six month license suspension. A minor who possesses alcohol can be subject to fines and probation. If he or she was driving a car at the time, the charge carries a license suspension of four months in addition to the fines and probation.
Providing a minor with alcohol
In Georgia it is a crime to provide a minor with alcohol and the charge carries a prison sentence up to 12 months and fine of $1000.
Facing DUI charges? Contact an experienced Athens Georgia lawyer immediately.
Our DUI defense lawyers defend cases in Athens, GA (Georgia), Athens-Clarke County, Watkinsville, Carnesville, Elberton, Homer, Jefferson, Danielsville, Lexington, Hartwell, Winder, and Clarke County, Oconee County, Elbert County, Franklin County, Banks County, Jackson County, Madison County, Hart County, Barrow County and Oglethorpe County, and Ben Epps Airport, University of Georgia (UGA), Piedmont Judicial Circuit, and the Northern Judicial Circuit. We can help you fight your drunk driving case. Call our law firm at (phone).
