Posted by duijim in on May 1, 2023
Drunk driving laws differ by state and the consequences for drunk drivers can differ as well. Each state defines DUI/DWI/BAC limits according to their own definition of either of those terms.
If you have been arrested for DUI in Atlanta, an experienced attorney will help defend your case and ensure that your rights are upheld throughout the legal process. A DUI lawyer from Atlanta can ensure your best interests are upheld throughout their defense of your rights during legal proceedings.
Definitions
Driving under the influence (DUI) and driving while intoxicated (DWI) are criminal acts in Georgia; DUI is typically classified as a misdemeanor, while DWI can be treated as a felony offense.
DUI (driving under the influence) refers to any driver operating with any impairing substance in their system – alcohol, illegal drugs and even prescription medications can all contribute to impairing driving performance.
Certain drugs, including bath salts, spice and moll may reduce mental sharpness and slow reflexes. Other substances which could impede driving include butane gas fumes, paint thinner and other toxic vapors that emit through paint thinner or other chemical solutions.
Georgia DUI laws stipulate a 12-month driver’s license suspension upon a first offense; subsequent convictions within 10 years result in three year license suspension, increased fines and community service requirements, as well as being required to complete a DUI school program and pay reinstatement fees.
Sobriety Tests
Georgia law enforcers often request that drivers who are pulled over for DUI or DWI submit to a series of sobriety tests – known as field sobriety tests – in order to ascertain whether alcohol has affected their driving abilities. These exams include eye testing, one leg stand testing and walk and turn tests.
These tests are administered uniformly across the nation so that law enforcement officers can quickly and easily identify those they believe may be impaired by alcohol.
These field sobriety tests may be difficult for some individuals, especially those with health conditions or recent surgeries, to complete successfully. If you have been arrested after failing a field sobriety test, it’s essential that you hire an experienced Atlanta DUI lawyer who can challenge their accuracy while making sure that the investigation was fair and equitable for you.
Arrests
Driving under the influence (DUI) and driving while intoxicated (DWI) are criminal acts which involve intoxicating oneself with alcohol or drugs so much that their effects impair a driver’s ability to operate their motor vehicle safely. Law enforcement officers conducting roadside breath tests may find you “over the legal limit,” which is set at 0.08% blood-alcohol concentration (BAC).
First-time DUI charges often carry stiff jail terms, fines and license suspension. An experienced Atlanta criminal defense lawyer can protect your rights and help avoid these penalties from happening in order to help protect them against being enforced against you.
Most people are surprised to discover that Georgia can suspend their driver’s license after an arrest for DUI, which could affect your job, finances and future plans.
Penalties
If you are charged with driving under the influence (DUI) in Georgia, there can be serious repercussions – from jail time and fines to license suspension and even jail.
Georgia law sets the legal limit for blood alcohol concentration (BAC) levels at 0.08%, although this limit is higher for drivers operating commercial vehicles, drivers under 21 years old, or those with prior DUI charges.
Those charged with DUI in Atlanta should seek legal guidance immediately to defend themselves and limit the impact a conviction would have. When hiring the appropriate legal representative, your chances of successfully fighting these allegations and minimizing its effects can improve significantly.
Defenses
When arrested for DUI or DWI in Atlanta, it’s crucial that you understand your legal defense options. An experienced lawyer can devise a defense strategy tailored to defend your case and minimize its repercussions in terms of impact on life.
One common defense to DUI charges is claiming you were not physically controlling the vehicle at the time of arrest, such as sitting behind the wheel without keys in ignition or being driven by someone else.
Law enforcement often uses breathalyzer tests as evidence in DUI prosecution cases, making their results vulnerable to being challenged and potentially leading to dismissals or reduced charges for those accused of DUI. There are multiple avenues through which your DUI lawyer may challenge them if deemed inaccurate, inconsistent or otherwise flawed; your legal representative could use this tactic successfully against your charges and get them dropped or reduced accordingly.