Georgia DUI Charges | Types of Georgia DUI Charges

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Georgia DUI Charges | Types of Georgia DUI Charges

Types of Georgia DUI Charges

Georgia DUI law permits the prosecution of people allegedly driving under the influence of alcohol or drugs under "traditional" common law DUI charges and "per se" DUI charges. As a society, we generally recognize that alcohol, when consumed in an excessive quantity, may impair the ability of a person to drive properly. Therefore, alcohol, when consumed in an excessive quantity, may increase the risk of motor vehicle accidents. Georgia, like every other state in the United States, has taken steps to address "drunk driving." Georgia's "drunk driving" or DUI law, like every other state's, is a general reference to criminal cases where the driver is impaired by alcohol, drugs or a combination of the two and is, therefore, declared too impaired to operate a motor vehicle safely.

"Traditional" DUI Cases or Common Law DUI "Less Safe" Charges

In Georgia's ‘traditional' or common law DUI "less safe" DUI cases, the state is required to prove that the consumption of alcohol, drugs, or a combination of alcohol and drugs made the driver ‘less safe' for driving a motor vehicle. This type of Georgia DUI charge does not require an blood, breath, or urine test. Georgia DUI law makes it permissible for a prosecutor to argue that a person accused of drunk driving or DUI was "less safe" by drawing on certain legal inferences from alcohol or drug test results, from refusal of the state-administered blood, breath, or urine test. In its effort to show that a defendant is guilty of violating Georgia's DUI "less safe" law, the prosecution may also offer evidence that a suspect had slurred speech, performed poorly on field sobriety test, drove recklessly, or showed other such indications of impairment.

Georgia "Per Se" DUI Charges

The second way in which the state can attempt to prove a Georgia DUI case is through the chemical analysis of breath, blood or urine. In a Georgia DUI alcohol case, a DUI "per se" charge is commonly referred to as "driving with an unlawful blood alcohol level." This type of Georgia DUI charge relies upon a chemical test result over the legally permissible limit. In Georgia, our DUI "per se" law can be violated by a person even if the person possesses the ability to drive a car safely. This is because the case rests solely on proof that the person was driving a motor vehicle while having an illegal concentration of alcohol and/or drugs in their body. Here, the state is not required to establish any "less safe" driving or any "drunken" condition. Having a Blood or Breath Alcohol Concentration (BAC) of 0.08 grams percent or more, which is 0.08 grams of alcohol per deciliter of blood is sufficient to obtain a conviction, no matter how safely the person is driving.

Because the chemical tests are carried out after driving has stopped, Georgia DUI chemical tests do not actually address the suspect's BAC at the time of driving. Georgia DUI law criminalizes driving with an unlawful alcohol or drug concentration as shown by a chemical test performed within 3 hours after driving has stopped. It may be shown that a supect's BAC at the time of testing is lower, higher, or the same, as compared to the actual time of driving. According to Georgia law, tests given by the police at any time within three hours of driving can be used for ‘per se' calculations. For persons driving commercial vehicles, the Georgia DUI "per se" limit is 0.04 grams percent, and the Georgia DUI limit for under-21 years of age is 0.02 grams percent.

Although there are various names under which a person can be charged under Georgia DUI law, the penalties for a Georgia DUI conviction are all very serious. Moreover, there are also strict time limits if an offender needs to request a hearing to contest administrative action. So, if you have been arrested for DUI or drunk driving in Georgia, you need to seek help from a knowledgeable and experienced Georgia DUI lawyer immediately.

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Our Georgia DUI Lawyers Effectively Defend DUI Breath Test Cases

If you submitted to the breath test, you need a DUI lawyer that knows this machine and how to effectively Intoxilyzer_5000 discredit the reliability of your test results. We have worked to obtain the highest level technical training available on the Intoxilyzer 5000, which is the breath testing device used in Georgia. Our Georgia DUI lawyers are on the forefront with regard to the challenges made against this breath testing machine.

Our Georgia DUI Lawyers Effectively Attack Field Sobriety Test Evidence

Field sobriety evidence and standardized field sobriety tests are a critical part of the state's case in nearly every DUI case. Effectively defending DUI charges based upon field sobriety evidence requires more than simply evaluating whether a client "looks good on a video." Understanding the limitations of field sobriety evidence, the standardized procedures that should be followed in the administration of field sobriety tests, and the manner in which in which field sobriety tests should be evaluated can present unique opportunities to exploit weaknesses in the state's case. Georgia DUI lawyer Ben Sessions is certified as a practitioner of the National Highway Traffic Safety Administration's Standardized Field Sobriety Tests. Additionally, he has successfully completed numerous advanced training courses in the field sobriety evidence. We can effectively attack the state's field sobriety test evidence in your DUI case.

Metro-Atlanta DUI Lawyers

Our Atlanta DUI lawyers are different from other attorneys "handling" DUI cases in Atlanta because of the training, commitment, and experience we have in contesting in DUI charges. Our Atlanta DUI lawyers have focused their practice upon the defense of DUI cases. Our Atlanta DUI lawyers are not plea lawyers. In every Atlanta DUI lawyers will not be conducting real estate transactions, assisting in a divorce, or forming a corporation when you are not around. Our Atlanta DUI lawyers are committed to the defense of DUI cases. Our Atlanta DUI lawyers specialize in Georgia DUI law. Our clients appreciate the benefits offered by having an Atlanta DUI lawyer that has made every effort to know everything he or she can about Georgia DUI law, the state's methods of pursuing DUI charges, and the particular facts of the client's Atlanta DUI case. If you need to beat your Atlanta DUI case, contact our office today.

Because of the intense DUI law enforcement effort which is undertaken in Atlanta and the surrounding metropolitan, we defend a significant number of DUI cases in Atlanta. Our DUI lawyers are extremely familiar with the process your DUI case will undergo in Atlanta and Fulton County, and we are frequently able to obtain exception results there. Our practice is focused upon Georgia DUI defense, and we will provide you with an unparalleled level of service.

Because of metro-Atlanta is the population center of state, DUI enforcement tends to be the heaviest in metro-Atlanta, and DUI lawyers defends more case in metro-Atlanta than any other location in the state. Our DUI lawyers also provide high-level defense of DUI cases in the municipalities outside of Atlanta. Our Alpharetta DUI lawyers, Dunwoody DUI lawyers, Johns Creek DUI lawyers, Roswell DUI lawyers, and Sandy Springs DUI lawyers are committed to helping clients attain the best result possible in the defense of the Georgia DUI charge.

Our main office is located in Atlanta and there are DUI lawyers within our DUI defense network whose practices are committed almost exclusively to beating Atlanta DUI charges. Our DUI defense network, however, is broad-based, and we have obtained exceptional results in the defense of DUI charges throughout Georgia. If you need an exceptional Georgia DUI defense lawyer, you need look no further.

'Tis The Season...For Intense DUI Enforcement in Atlanta

Throughout Georgia, DUI enforcement has once again reached a fevered pitch. The Governor's Office of Highway Safety has announced that the intensive DUI campaign known as Operation Zero Tolerance is again underway. Most of these intensive DUI campaigns include increased numbers of DUI patrol officers and DUI roadblocks. These increased DUI enforcements will take place throughout Georgia and, particularly, in the Atlanta metropolitan area. If you are charged with DUI in Georgia this summer, our experienced Georgia DUI lawyers can provide valuable assistance in the defense of your DUI case. Our Atlanta DUI lawyers are experienced in effectively representing clients charged with DUI in the heavily patrolled Atlanta area. Because many DUI officers and law enforcement agencies become "hyper-vigilant" in their efforts to charge people with DUI, we frequently see very defensible DUI cases being made. Our Georgia DUI lawyers work to uncover the defenses to your Georgia DUI and, hopefully, obtain a dismissal of your DUI charge.

The holiday season in Atlanta is filled with celebrations of all types. Recognizing that many of these events include drinking, most law enforcement agencies increase their DUI enforcement efforts during this time of the year. Do not let a DUI charge make your 2010 get off to a bad start. Contact our DUI lawyers today. Do not procrastinate in addressing your DUI charge and, in particular, a 1205 notice (notice of intent to suspend your driver's license) most likely issued in connection with your arrest. When you meet with one of our Atlanta DUI lawyers, we will file your 10-day letter (request for hearing) free of charge.

During the holiday season, law enforcement agencies typically engage in increased DUI enforcement efforts through roadblocks or checkpoints. Most DUI cases still arise from traditional stops for an alleged traffic violation, but if you are charged with a DUI as a result of a roadblock or checkpoint, contact our DUI lawyers before you make a decision as to how you would like to resolve your case. DUI charges which arise roadblocks present many defense opportunities that you should be alert to.

Gwinnett County DUI Lawyers

Our Gwinnett County DUI lawyers consistently deliver exceptional results in the defense of DUI charges. Within Gwinnett County, our Georgia DUI lawyers regularly fight Norcross DUI cases, Duluth DUI cases, Lawrenceville DUI cases, Snellville DUI cases, Suwanee DUI cases, and Lilburn DUI cases.