Driving under the influence can occur without you realizing it or meaning to cause any harm. Because of Atlanta’s complex highway systems, the police and court systems are determined in their pursuit of any DUI infraction, so don’t take chances after police have pulled you over. You need to talk to an attorney with knowledge of Georgia law and experience with driving while intoxicated charges.
Though driving under the influence is illegal across the country, each state has specific regulations and penalties. Under Georgia law, you cannot operate a motor vehicle if you have a blood alcohol content of 0.08% or more, which is also the standard limit across the United States. Drivers under the age of 21 and commercial drivers have separate regulations specific to their situations.
If you are under the age of 21, you cannot drive with a blood alcohol content of more than 0.02%. As a commercial driver, you cannot operate a vehicle with a blood alcohol content of 0.04% or higher.
Georgia also follows the open container law. Even if you are not drinking and driving, you cannot drive with an open container that contains any amount of alcohol while in your vehicle. The open container law includes closed containers that have broken seals or that are only partially full. You can face charges under the open container law even if you are parked on the shoulder of any public highway.
The penalties for drunk driving or driving under the influence varies depending on how many DUI charges you have and your blood alcohol content level. After 10 years have passed it’s a 10 year look back for enhanced sentencing. However lifetime offenses are considered by the courts, they just don’t carry a mandatory minimum upshot when outside 10 years in time. For your first offense, you could face 24 hours to one full year in prison. The court could fine you between $300 and $1,000, depending on the circumstances of your arrest. You could also face a license suspension of up to one year.
For your second offense, the penalties intensify slightly. The court could sentence you to three days to one full year in prison and a $600 to $1,000 fine. It could suspend your license for three years. Additionally, you may need to install an ignition interlock device in each vehicle that you drive that is similar to a breathalyzer. You must blow into a tube to be able to start your car and cannot start your car if the tube registers any alcohol on your breath.
A third offense could lead to 15 days to one year in prison along with a $1,000 to $5,000 fine. The court could also suspend your license for up to five years, depending on the circumstances of your arrest. For your third offense, the court will require you to install an ignition interlock device in your vehicles.
If the police arrest you a fourth time for driving under the influence, you could face one to five years in prison and a $1,000 to $5,000 fine. The court could suspend your license indefinitely and will require that you install an ignition interlock device in your vehicle.
Georgia follows the implied consent law. By driving on Georgia roads, you are automatically consenting to chemical testing. If a police officer pulls you over and asks you to take a test to determine alcohol or drug presence in your system, you must agree.
The first time you refuse, the court will suspend your license for one year. If you refuse a second time, it will suspend your license for three years. A third refusal will lead to a license suspension of up to five years.
In Georgia, if a bar or establishment continues to serve someone who is clearly inebriated and who would likely be getting behind the wheel, the organization may be responsible for any injuries that occur from the drunken person driving. Called the dram shop law, Georgia Code 51-1-40 allows victims to sue such establishments after they’ve suffered harm due to the irresponsible serving of alcohol. They may also be responsible if they knowingly served someone under 21 years of age.
In 2014, Georgia roads saw 1,164 drunk driving fatalities. Drunk driving is a serious problem everywhere in the United States, often leading to severe consequences such as injury or death. Driving while under the influence of any type of drug or alcohol is not only against the law, but is also considered reckless and dangerous behavior. In addition, victims of car accident injuries due to DUI drivers tend to feel exceptionally hurt
A DUI charge could change your life forever. You need an attorney who will make every effort to reduce or relieve you of the charges. At ChancoSchiffer P.C. we understand how serious drunk driving and DUI charges are and will fight for you. Contact ChancoSchiffer P.C., for experienced representation in your Atlanta DUI case.
DUI is a technical criminal charge. Our attorneys have experience and training in reviewing roadside standardized field sobriety testing and the chemical test of your blood, breath, or urine. This information is critical in defending your case as the science of the results matters very much when defending what an officer claims to have seen, heard, or smelled.
At our firm we have 2 former Fulton County prosecutors who prosecuted DUI charges. We know how the state prosecutes these cases and we use that insight to defend your case.