Can you be convicted of DUI if the results of a blood or urine test are positive for a controlled substance that you are not prescribed, even if the drug does not impair your ability to drive?
Whether to refuse the breath test in a DUI case and, if so, how to refuse is one of the most frequent topics that I am questioned about. This article addresses this important issue.
Georgia Under 21 DUI Lawyer | Under 21 DUI in Georgia
A person under the age of 21 charged with DUI in Georgia faces a very serious charge which can have very long-lasting effects.In addition to customary criminal penalties for a DUI conviction, a person under the age of 21 and charged with DUI faces extremely harsh license consequences upon conviction.Further, because most people under the age of 21 who are charged with a Georgia DUI are just beginning to develop their career objectives, the long-term collateral consequences of a DUI must be carefully considered before accepting a guilty plea to a Georgia DUI charge .
If you or your child face an "under 21" DUI charge in connection with a breath test result that was less than .08 grams but greater than .02 grams, look carefully at the breath test results in the case. Georgia's Intoxilyzer 5000 calibration program involves checking the accuracy of the machine using a "known solution" of .08 grams. However, the Intoxilyzer 5000 is never checked with an alcohol solution less than .08 grams to determine whether the Intoxilyzer machines accurately detect alcohol concentrations below .08. No effort has ever been made to determine whether the machines function at a level below .08. We are asked to accept these results without any check. Will you?
Upon a 1st DUI conviction within 5 years (as measured from the date of arrest to the date of arrest), a person under the age of 21 will face a "hard" drivers license suspension (no school or work driving permit) for 6 months if they fall within any of the 3 categories provided below:
Their blood or breath alcohol concentration (BAC) was equal to or greater than .02 grams, but less than 0.08 grams; or,
No blood or breath test was given; or,
The test results were suppressed in the legal process.
Upon a 1st DUI conviction within 5 years (as measured from the date of arrest to the date of arrest), a person under the age of 21 will face a "hard" drivers license suspension (no school or work driving permit) for 12 months if they fall within either of the 2 categories provided below:
Their blood or breath alcohol concentration (BAC) was 0.08 grams or greater; or,
They refused the state-administered test of their blood, breath, or urine (defendant did not comply with the request for state administered chemical test).
Do not be misled to believe that a nolo contendere (or a "no contest") will save the driver's license of a person under the age of 21 who is convicted of DUI in Georgia.
Upon a 2nd and 3rd DUI conviction within 5 years (as measured from the date of arrest to the date of arrest), a person under the age of 21 will face the same drivers license suspension and reinstatement requirements as a person over the age of 21.
Our Georgia DUI lawyers frequently represent drivers under the age of 21 charged with DUI, and we have frequently obtained exceptional results. Contact our Georgia DUI lawyers today for a free consultation.