Driving under the influence poses a danger to individuals driving and others also. Hence, driving after drinking or taking drugs should be strictly avoided. In Georgia, there is a set of defined driving under the influence laws. Knowing & staying updated about these laws is essential while facing DUI charges. So, our blog will walk you through all about DUI laws in Georgia. Additionally, we will explore why it is essential to consult with a proficient car accident lawyer in Atlanta. How they can ensure a thorough understanding and effective representation in the case of DUI-related legal proceedings?
Let’s start!
What are DUI Laws in Georgia?
According to Georgia law, a DUI is defined as “driving under the influence of alcohol, drugs, or other intoxicating substances.” It includes operating or being in “actual physical control of any moving vehicle” while under the influence. Georgia’s legal framework provides specific criteria for determining intoxication.
The criteria for meeting DUI in Georgia, being intoxicated include:
• Being under the influence of alcohol to the extent that driving becomes less safe.
• Being under the influence of any drug to the extent that driving becomes less safe.
• Being intentionally under the influence of any glue, aerosol, or other toxic vapor to the extent that driving becomes less safe.
• Being under the combined influence of any combination of the three types of substances mentioned above to the extent that driving becomes less safe.
• Having a blood alcohol concentration (BAC) of 0.08 grams or more within three hours after driving or being in actual physical control of a vehicle. For drivers under age 21, a BAC of 0.02 is considered, and for drivers of commercial vehicles, a BAC of 0.04 is applicable.
• Having any amount of marijuana or a controlled substance present in your blood or urine.
Understanding Recent Legal Changes
Implied Consent Law Revisions
Georgia’s Implied Consent Law mandates that drivers must undergo chemical testing if lawfully arrested for DUI. Recent amendments to the law have changed the consequences of refusing such tests. Drivers must understand that refusing a chemical test can now lead to an automatic one-year license suspension, accompanied by limited options for obtaining a temporary permit.
Ignition Interlock Devices (IIDs)
Recent legislative changes have broadened the eligibility for Ignition Interlock Devices (IIDs) to encompass a larger group of drivers, including those facing their first DUI offense. An IID is a breathalyzer device installed in a vehicle. It requires the driver to provide a breath sample before the car initiates. This modification now enables qualifying individuals to keep their driving privileges following a DUI arrest, if they have an IID in their vehicle.
Classification of DUI Offenses in Georgia:
All DUIs in Georgia are initially considered misdemeanors unless specific circumstances apply. These circumstances include having more than two DUIs in the prior 10 years, fleeing an officer, or causing death or serious injury to another person or unborn fetus.
While all other DUIs are misdemeanors, they still mandate at least 24 hours in jail. The penalties for the first three DUIs are as follows:
• First Offense:
o Potential jail time: 1 day to 1 year (24 hours mandatory)
o License suspension: Up to 1 year
o Fees and court costs: $300-$1,000
• Second Offense:
o Potential jail time: 90 days to 1 year (72 hours mandatory)
o License suspension: 1 to 3 years
o Fees and court costs: $600-$1,000
• Third Offense:
o Potential jail time: Up to 1 year (15 days mandatory)
o License suspension: 5 years
o Fees and court costs: $1,000-$5,000
It is important to note that for third offenses within a ten-year period, the DUI is considered a felony which results in more severe penalties.
Probation Requirements:
Regardless of the offense level, twelve months of probation (minus time spent in jail) is required for every DUI case in Georgia.
Seeking Legal Guidance
Facing a DUI charge can be overwhelming & challenging. Therefore, having a knowledgeable truck accident attorney in Atlanta can make a significant impact on your case. They can explain to you the complexities of your case & applicable laws. These professionals can guide you through the legal process including the changes in DUI laws, etc. Also, a reputable DUI lawyer can advise you on the potential consequences & fight for the best possible outcome.
In The End
Staying informed about the recent legal changes in Georgia regarding DUI is essential for people facing such situations. The changing legal world emphasizes the importance of understanding DUI criteria, consent law, IID expansions, & classifications of DUI offenses. By having the right information, individuals can make informed decisions, seek appropriate legal counsel, and navigate the legal complexities associated with DUI cases in Georgia. Also, as the legal framework continues to evolve, consulting your case with an experienced firm like Karma Injury Law is essential. Whether you want to hire a prominent truck accident attorney in Atlanta or a car accident lawyer in Atlanta, we can make your case successful. Our experts can help you explore potential defense options & make informed decisions.
