Georgia DUI Law
If you have been arrested for driving under the influence, you need much more than just a criminal defense attorney. DUI law is one of the most complicated areas of law to practice. You need an attorney who has years of experience with drunk-driving defense. After all, you wouldn’t go to a family practitioner for heart surgery, would you?
In Georgia, there are two types of DUI cases. One is for a “less safe” violation, and the other is a “per se” violation.
If you are charged with a “less safe” violation, the prosecution must prove that you were a less safe driver due to alcohol, drugs, glue, or a combination of these substances. This is usually proven by the officer’s testimony. The officer will make his or her case by talking about your driving or how you looked or acted when pulled over (i.e., bloodshot eyes, slurred speech, smell of alcohol).
A “per se” violation means that you either had a BAC (blood alcohol content) over the legal limit, or you were in possession of contraband drugs.
If you are 21 or older, you may be convicted of a per se violation if your BAC is .08 percent or higher.
If you are under the age of 21, you may be convicted of a per se violation if your BAC is .02 percent or higher.
If you were operating a commercial vehicle at the time you were pulled over, you may be convicted of a per se violation if your BAC is .04 percent or higher.
Many people think that you have to have a BAC of .08 percent or higher to be convicted of DUI. This is not the truth. Georgia law states that if your BAC was .05 percent or less, the jury may infer that you were not a less safe driver. However, if the prosecutor is be able to prove that you were a less safe driver though proper evidence (e.g. video tapes), there is a chance that you can be convicted.
If your BAC was between .05 percent and .08 percent, the law states that there is no inference about whether or not you were a less safe driver.
If you are ready to fight your DUI charges, contact Greg Willis today. He will discuss your case and the options that are available to you.