Georgia DUI On Your Mind?
What You Need to Know about Georgia’s DUI Laws
While you are probably aware that it is illegal to drive under the influence of alcohol and/or drugs in the state of Georgia, you may not be as familiar with how you can be charged with this serious crime. There are actually two different ways a person can be charged with DUI--one is a DUI “per se” and the other is a less safe DUI. Although they are two different charges, they both carry harsh penalties.
A DUI “per se” charge simply means that you can be arrested for driving under the influence if your blood alcohol content reaches the state of Georgia’s legal limit of .08%. To determine your BAC, a police officer will ask your consent to submit to a breath, blood or urine chemical test. Keep in mind, this charge has nothing to do with how intoxicated you are or appear to be.
The second and probably less familiar DUI charge is a less safe violation. Under this DUI law, a police officer may arrest you for DUI even if your BAC is under the .08% legal limit. Here’s how it works. Let’s say a police officer pulls you over for swerving in and out of your lane. Upon speaking with you, the officer notices that your speech is somewhat slurred and your eyes appear to be red--two signs of being impaired. At this point, this officer has probable cause to begin a DUI investigation and will likely ask you to take a breath test. If you agree, you will blow into a tube and your BAC reading will show up on the portable device. On this day, your BAC happens to be .04%. You’re under the legal limit; however, the officer noticed that your ability to drive within your lane was impaired by the amount of alcohol that was in your system. In this case, the officer can arrest you and charge you with a less safe DUI.
Whether you have recently been charged with a DUI “per se” or a less safe DUI, it is important to contact a DUI defense lawyer. They may be able to get your DUI charge reduced or dismissed!
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