Georgia DUI Laws

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Georgia DUI Laws

Georgia DUI law is complex and there are numerous issues which can and often do arise during the defense of a Georgia DUI case. The information provided here is intended merely to outline Georgia's DUI law, and it does not provide a detailed analysis of the cases which spell out the details of how Georgia's DUI law is applied. If you have a question regarding Georgia's DUI law, do not hesitate to contact our office. There is no charge for an initial consultation with our Georgia DUI lawyers.

Georgia DUI law makes it a crime to drive or be in actual physical control of any moving vehicle on public or private property in Georgia while:

(1) Under the influence of alcohol to the extent that it is less safe for the person to drive [this is known as Georgia's DUI-“Less Safe” Alcohol law];

(2) Under the influence of any drug to the extent that it is less safe for the person to drive [this is known as Georgia's DUI-“Less Safe” Drugs law];

(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive [this is known as Georgia's DUI-“Less Safe” Toxic Vapors law];

(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive [this is known as Georgia's DUI-“Less Safe” Alcohol and Drugs law;

(5) The person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended [this is known as the Georgia's DUI-“Per Se” law]; or

(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood [particularly when marijuana is involved, this part of Georgia’s DUI law is no longer enforceable under Love v. State, 271 Ga. 398, 517 S.E.2d 53 (Ga. 1999)].

We have also provide a detailed description of the different between "less safe" and "per se" Georgia DUI charges. You can be charged with DUI-“Less Safe” Drugs even though the drugs are prescribed by your doctor and you are using them legally. However, in order to be found guilty of DUI when you are charged with being under the influence of drugs that you are legally taking, the government must show that you have been “rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use.”

There are special alcohol levels that apply to people operating commercial vehicles and people that are under the age of 21. For drivers of commercial vehicles, you can be convicted of driving under the influence if your BAC is .04 or higher. For under-21 drivers charged with DUI, you can be convicted of driving under the influence is your BAC is .02 or higher.

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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.