Posted by duijim in on November 29, 2023
Trial court was not wrong in rejecting defendant’s motion to suppress evidence of breath test results as refusal of chemical testing is separate offense from DUI and it is within its purview, under a warrant obtained in accordance with Fourth Amendment principles, to obtain test results from such refusal.
What Is Driving Under the Atlanta DUI Statutes?
Laws regarding driving under the influence in Atlanta can be complex and confusing. Not only are there multiple DUI charges that vary based on circumstances of an arrest, but Georgia’s DUI statutes include being under the influence of illegal drugs, prescription medications, over-the-counter medicines or toxic gases as well as any combination thereof.
For those arrested, the first step should be scheduling an administrative per se hearing within 10 business days to contest evidence and fight to keep your license. Refusing post-arrest breath tests would constitute refusal under state implied consent law and result in a 12-month total driver’s license suspension.
DUI offenders charged in Atlanta typically must perform extensive community service hours, attend DUI school and get evaluated for alcohol or drug addiction, in addition to attending and paying for a victim impact panel hearing.
Georgia DUI offenders must serve a minimum 24-hour jail sentence for their first offense and up to one year for subsequent convictions within 10 years; upon receiving their fourth DUI conviction within this timeframe they could be charged with a felony and face one to five years of prison time depending on the nature of their conviction – this typically applies when there has been death, injury or loss to another person, loss or harm of an unborn fetus, or when an impaired driver flees the scene of crime.
Driving Under the Influence (DUI)
Driving under the influence is a serious offense that can have lasting repercussions for you and others on the road. Atlanta and Georgia both have strict DUI statutes designed to deter drunk driving and punish those found breaking them with expensive fines and jail sentences; additionally civil penalties may also apply if an accident occurs as a result of your impairment by alcohol or drugs.
DUI (blood alcohol concentration) charges may apply if your blood alcohol concentration (BAC) reaches 0.08 percent or above, including both illegal drugs as well as prescribed medication taken under physician direction. You could even be charged with DUI if under the influence of certain inhalants, food, or supplements; and if driving while under the influence is with children under 14 years, separate endangering child charges could also be filed; these felony offenses carry minimum prison terms of one year each.
Even if your blood alcohol concentration (BAC) falls under the legal limit and you refuse a breath or urine test, you could still be charged with DUI. Your license would then be suspended until you pass an alcohol/drug screening test – failure of which would require attending a substance abuse treatment program and attending one in order to have it reinstated.
After being arrested for DUI, you will receive a summons or ticket that instructs you when and where to appear in court to face your charges. At that hearing, bring identification proof as well as any evidence the police may request from you; at this hearing you can either plead guilty, not guilty or no contest to your DUI charges.
Driving While Intoxicated (DWI)
Driving under the influence of alcohol or drugs is hazardous to yourself and others, and may lead to severe penalties such as license suspension and jail time. Due to complex laws that vary depending on where your arrest occurs, it’s essential that you contact an experienced Atlanta DUI lawyer as soon as possible after being charged.
If a person’s blood alcohol concentration (BAC) exceeds 0.08 percent or higher they will likely face DUI charges. Even if their BAC falls under 0.08 percent it could still be possible for them to be found guilty if it can be proven that they were driving recklessly and in a way which put themselves or others in harm’s way.
First time DUI offenses incur minimum mandatory sentences of 10 days to one year of jail time and fines between $300 and $1,000; for subsequent offenses or those operating certain types of vehicles such as commercial drivers, additional punishment may apply.
Under federal law, it is unlawful for drivers to have open containers of alcohol in their vehicle while at the wheel and it’s also against the law for passengers in such vehicles to consume alcoholic beverages while traveling together.
Once someone is charged with DUI they will need to attend a court hearing where they will either plead guilty, not guilty or no contest and the judge will then set out penalties from them court.
As well as criminal penalties, judges may order that a driver’s license of an offender be suspended or revoked depending on various factors like prior DUI offenses and whether there was an accident involved.
As part of their sentence for their first DUI conviction, an individual’s driver’s license will be suspended for one year. They can apply for a restricted license during this time so they can still drive to work, school, substance abuse and other treatment services, probation appointments, medical appointments and pharmacies to drop off or pick up prescriptions as necessary.
Driving While Under the Influence of Drugs in Atlanta, GA (DUI Drugs)
Many are surprised to learn it is illegal to drive under the influence of prescription drugs, with “narcotic analgesics” commonly leading to DUI charges. Although these medications are intended for pain relief after back injuries, dental procedures, or automobile accidents; many individuals abuse them and use them recreationally or to get high. Georgia law specifies that in order for someone to be charged with driving under the influence of drugs they must affect his/her ability to safely operate a vehicle.
As in other states, Georgia law prohibits anyone operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or greater when operating personal vehicles and much lower limits when driving commercial vehicles. Furthermore, Georgia may prosecute even if your BAC falls below legal limits if evidence can show you consumed enough alcohol to reduce road safety.
An arrest for DUI can have serious repercussions for most drivers and can significantly alter your life. Conviction of this offense can result in jail time, fines, license suspension and additional restrictions; such as attending DUI classes and possibly installing an ignition interlock device into your vehicle.
If you have been charged with DUI in Atlanta, it is imperative that you contact an experienced Atlanta DUI attorney as soon as possible to discuss your case and protect your rights and privileges. Attorneys can advise their clients of their rights while fighting to defend them and help secure them against potential legal repercussions.
If you are found guilty of DUI, your attorney can try to appeal your case in order to secure a more favorable sentence. A successful appeal could lead to reduced or dropped criminal charges altogether; additionally, diversion programs and first offender programs may help keep you out of jail and off the road by offering courses such as alcohol education courses, community service work or treatment for drug addiction.