Georgia DUI Per Se Limits | DUI Per Se Limits in Georgia

This article describes the process leading up to Georgia’s adoption the .08 DUI per se limit currently included in Georgia DUI law.
Georgia was led to the adoption of its current DUI “per se” levels by the federal government. As is usually the case, Georgia adopted its current DUI “per se” levels as a result of money. The United States Congress passed a federal incentive grant in 1998 as part of the Transportation Equity Act for the 21st Century (TEA-21). The Transportation Equity Act “encouraged” states, such as Georgia, to adopt a 0.08 g/dL BAC per se concentration as illegal (23 U.S.C., Section 163).

In 2000, the U.S. Congress passed the 0.08 g/dL BAC for all drivers twenty-one years of age and older as the national standard for impaired driving as part of the Department of Transportation’s appropriation’s for fiscal 2001. In order to provide incentives for state legislatures to adopt the lower BAC level, part of the plan that provided for a graded loss of federal highway construction funds if the new lower BAC was not adopted by the dates specified (NHTSA, January , 2003). The DUI “per se” level for Georgia CDL DUI charges is even harsher. For commercial drivers, the DUI “per se” level is 0.04 g/dL as a result of the US Department of Transportation regulations for commercial vehicle operators and related persons in safety sensitive positions.

Georgia DUI License Suspension Hearings

Our Georgia DUI lawyers understand that a key concern in every Georgia DUI case is maintaining the driver’s license. The administrative license suspension process in Georgia is a means for the state to suspend your driver’s license prior to the conclusion of your criminal DUI case. Our Georgia DUI lawyers understand how to effectively defend you against an administrative driver’s license suspension in Georgia DUI.

If you are charged with DUI – Per Se or if you refused the state-administered test of your blood, breath, or urine, you almost certainly face an administrative suspension of your driver’s license. This is commonly called an ALS hearing for your Georgia DUI charge. Our Georgia DUI lawyers represent you at the administrative license suspension hearing if you retain our office to represent you with regard to your Georgia DUI.

The ALS hearing which occurs in connection with your Georgia DUI charge is significant because it can result in the suspension of your driver’s license prior to the conclusion of the criminal portion of your Georgia DUI case. Yes, even prior to a judge or jury deciding your guilt or innocence, the Georgia Department of Driver Services (formerly the Georgia Department of Motor Vehicles) may attempt to suspend your driver’s license. The administrative license suspension part of your Georgia DUI case is a crucial part of your DUI case and you need a Georgia DUI lawyer that understands the process and how to defend you against the administrative suspension.

Many of the issues which are raised at the administrative license suspension hearing may be useful in the defense of the criminal portion of your Georgia DUI case. Frequently, our Georgia DUI lawyers recognize a weakness in an officer’s case which enables us to overcome a DUI case.

If you have questions regarding the administrative license suspension portion of your Georgia DUI, contact our office today.

Georgia DUI Cases and Roadblocks

Our Georgia DUI lawyers know how to defend Georgia DUI cases based upon roadblock stops.

Our Georgia DUI lawyers regularly obtain outstanding results in Georgia DUI cases which are based upon roadblock stops. Many people assume that roadblock DUI cases are cannot be beaten. This could not be farther from the truth. There are numerous issues which can and should be fully investigated in a Georgia DUI case that is based upon a roadblock:
When evaluating the constitutionality of a roadblock, it is important to recognize that, unlike a traditional vehicle stop, “totality of the circumstances” is not the test by which it is to be evaluated. The requirements established by the United States Supreme Court and the Georgia appellate courts regarding what is required for a legal and constitutional roadblock are not mere guidelines but are minimum constitutional prerequisites.

In order to establish that a roadblock is constitutional, the State has the burden of establishing the following:

1. The decision to establish roadblock was made by supervisory personnel, rather than by officers in the field. Officers in the field are to be given minimal discretion, and the time, place, and purpose for the roadblock must be established by a supervisor.Georgia_Roadblock

2. The supervising officer must have a valid primary purpose for conducting the roadblock.

Seeking to uncover evidence of ordinary criminal wrongdoing is not a “valid purpose.”
The state has the burden of proving some admissible evidence, whether testimonial or written.
An officer’s testimony regarding his supervisor’s reasons for implementing a roadblock is hearsay, and therefore, inadmissible.
Permissible primary purpose are those which serve “special needs, beyond the normal needs of law enforcement.”

3. All vehicles must be stopped.

4.The delay to motorists must be minimal.

5. The roadblock must be identified as a police checkpoint.

6. The screening officer’s training and experience must be sufficient to qualify him to make an initial determination as to which motorists should be given field tests for intoxication.

Our Georgia DUI lawyers understand how to attack roadblock DUI cases. Before you decide that your Georgia DUI case cannot be beaten, contact our Georgia DUI lawyers . We defend (and frequently beat) Georgia DUI cases that other attorneys simply give up on. Contact us today for a free consultation so that we can discuss further how your DUI roadblock case can be beaten.

Georgia DUI Breath Testing

Our Georgia DUI lawyers understand how to properly attack the reliability of a breath test.
Most Georgia DUI cases involve a state-administered breath test. In Georgia, the state-administered breath test is performed on an Intoxilyzer 5000. Our Georgia DUI lawyers have gone to great lengths to know every possible means of contesting the reliability of the Intoxilyzer 5000.

If you are charged with have a breath-alcohol concentration of 0.08 grams or more, you need a Georgia DUI lawyer that understands how to properly demonstrate the unreliability of the Intoxilyzer 5000. You can count on our Georgia DUI lawyers to properly defend you in such a case. Contact our office today for a free consultation.