Driving under the influence (DUI) is a serious criminal offense that can lead to severe penalties and consequences in Georgia. And if you’re located in Cherokee County, you most certainly have seen the police get tougher.
DUI laws have been gradually strengthened over the past few years to deter impaired driving and protect the public from the dangers posed by drunk drivers.
If you have been arrested for DUI in Cherokee County, it is crucial to understand the laws and procedures involved and seek the guidance of an experienced criminal defense attorney.
A good DUI lawyer can help you navigate the legal system and minimize the potential consequences of your case.
Definition and Overview of DUI
Driving under the influence, or DUI, is a serious offense that can have potentially life-altering consequences.
DUI is a criminal offense that occurs when a person operates a motor vehicle while under the influence of drugs or alcohol, to the extent that it is “less safe” for them to drive.
This “less safe” threshold can be determined by a law enforcement officer’s observation of your behavior, results from field sobriety tests, or from a blood alcohol concentration (BAC) test.
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770-479-1500Blood Alcohol Concentration (BAC) Limits
Blood alcohol concentration (BAC) limits are a crucial aspect of DUI laws in Georgia.
A BAC of 0.08% or higher is considered legally impaired in Georgia.
If a driver’s BAC is below 0.08%, they can still be found guilty of DUI if it is demonstrated that the alcohol impaired their ability to drive safely.
This is because everyone metabolizes alcohol differently, so even a small amount of alcohol can affect some people’s abilities to drive.
It is important to note that the legal limit for BAC can vary depending on the driver’s age and the type of vehicle they are operating. For example, commercial drivers are subject to a lower legal limit of .04% in Georgia, while drivers under the age of 21 may not have any alcohol in their system while driving.
What it Takes to Prosecute a DUI Offense
Driving under the influence (DUI) is a serious criminal offense in the state of Georgia.
In order to convict a person of DUI, the prosecution must prove certain elements beyond a reasonable doubt. These elements include:
- Driving or being in physical control of a motor vehicle while under the influence of alcohol or drugs, or with a blood alcohol concentration (BAC) of .08% or higher. In other words, simply having alcohol or drugs in your system does not automatically amount to a DUI offense. The prosecution must prove that you were actually operating a vehicle while under the influence or had a BAC that exceeded the legal limit.
- In Georgia, there is a “per se” law for DUI. This means that if a driver has been found to have a BAC of .08% or higher, they are automatically guilty of DUI, regardless of whether or not they were actually impaired.
- The influence of alcohol or drugs impaired the driver’s ability to drive safely. Even if a driver’s blood alcohol content is below the legal limit, they can still be convicted of DUI if it is proven that the alcohol or drugs impaired their ability to drive safely. Physical symptoms such as slurred speech, bloodshot eyes, or poor coordination can be used as evidence of impairment.
- The driver consented to a chemical test. Georgia has an implied consent law, which means that by getting behind the wheel of a vehicle, you are consenting to a chemical test if asked to take one by a law enforcement officer. Refusal to take a chemical test can result in a license suspension for up to a year, even if the driver is not ultimately convicted of DUI.
- The driver was impaired by prescription or over-the-counter medication as prescribed. It is important to note that even if a driver has a valid prescription for medication, they can still be charged with DUI if they are deemed to be impaired by the medication while driving. Drivers should always be aware of the potential side-effects of any medications they are taking and how they may impact their ability to operate a motor vehicle.
Understanding what it takes to get convicted of DUI can help drivers make informed decisions behind the wheel, and it can also aid in developing a strong defense strategy if you are charged.
If you are facing a DUI charge in Georgia, don’t hesitate to seek legal counsel from an experienced criminal defense attorney who can guide you through the legal process and work to protect your rights and driving privileges.
Penalties for a DUI Conviction
The consequences of a DUI conviction in Georgia vary depending on the specifics of the case and on the number of prior DUI convictions.
The potential penalties for a first-time DUI conviction are as follows:
- License suspension for up to twelve months, sometimes with a limited driving permit
- Possible jail time (minimum of one day and maximum of twelve months)
- A fine of $300 to $1,000, plus court costs and other fees
- At least 40 hours of community service
- Completion of an approved DUI alcohol or drug use risk reduction program
- Potential for higher insurance rates or difficulty obtaining coverage
If you have prior DUI convictions on your record, the penalties become more severe. For a second DUI conviction within 10 years, the consequences include:
- License suspension for up to three years
- Potential jail time of at least 90 days and up to 12 months
- A fine of $600 to $1,000, plus court costs and other fees
- At least 30 days of community service
- Completion of an approved DUI alcohol or drug use risk reduction program
- Installation of an ignition interlock device in your vehicle
For a third DUI conviction within 10 years, the penalties increase even further. The consequences can include:
- License revocation for five years
- Minimum of 15 days and up to 12 months in jail
- A fine of $1,000 to $5,000, plus court costs and other fees
- At least 30 days of community service
- Completion of an approved DUI alcohol or drug use risk reduction program
- Installation of an ignition interlock device in your vehicle
In Georgia, there are also several aggravating factors that can lead to tougher penalties for first-time and repeat DUI offenses. These include:
- Driving with a BAC of.15% or higher
- Having a minor in the car at the time of the offense
- Causing serious injury or death while driving under the influence
- Leaving the scene, also known as “hit and run”
- Having prior DUI offenses
In these aggravated DUI cases, offenders may be subject to longer jail sentences, felony criminal charges, higher fines, and longer license suspensions.
Impacts of a DUI
It’s important to note that any DUI conviction can have far-reaching consequences beyond the legal penalties.
Your personal and professional relationships may be affected, and you may even encounter difficulty finding employment, getting approved for housing or obtaining a commercial driver’s license.
You will also likely see your insurance costs increase and stay high for quite some time.
Drivers should always be aware of the potential risks associated with driving while under the influence of alcohol and take necessary steps to prevent DUI offenses.
These may include designating a sober driver, using public transportation, or simply abstaining from alcohol before getting behind the wheel.
If you are already facing a DUI charge, seeking the assistance of an experienced criminal defense attorney can help protect your rights and minimize the potential effects of a conviction.
Are You or a Loved One Facing DUI Charges?
Don’t wait – Speights Law can help. Our criminal defense team has extensive experience with DUI cases, and we will fight to ensure you get the fairest treatment in court.
Call us now at 770-479-1500 for a confidential consultation.
