Georgia DUI Laws

What You Need to Know about Georgia’s DUI Laws

Driving under the Influence (DUI) in the state of Georgia is a severe criminal offense, and one that should be taken very seriously. If you or someone you know ha s recently been arrested for DUI in Georgia, please contact The Law Office of Larry Kohn. You need an experienced defense attorney who specializes in this complex area of law that is ever changing. In fact it is so complex, it may be helpful for you to keep reading, so that you truly understand what you are up against.

Did you know?

There are two ways you can be convicted of DUI in the state of Georgia. Contrary to belief, you don’t have to be considered “drunk” to be charged with DUI. Under Georgia’s “per se” violation, a person can be charged with DUI if they have a blood alcohol content (BAC) of .08% or higher. Since alcohol affects everyone differently based on many factors, you may not have been intoxicated when you were arrested for DUI. However, you can still be charged with this crime if it is proved that your BAC was over the legal limit. To determine your BAC, a police officer will ask you to submit to a chemical test (breath, blood or urine). Although you do not have to submit to a test, you will be violating the Implied Consent Law, and the penalty for this is severe. If you submit to a chemical test, the prosecution can present the evidence against you in court.

Depending on the case, the prosecution may attempt to prove a driver is DUI by submitting evidence that the driver was “less safe” due to alcohol consumption. The prosecution will use this tactic if a driver refused to submit to a chemical test. Some of the evidence the prosecution may try to submit include: the smell of alcohol coming from the vehicle; any field sobriety test results; and overall driving conduct as described by the arresting police officer.

It doesn’t matter which tactic the prosecution uses as long as you have a qualified defense attorney to represent you, like The Law Office of Larry Kohn. Be sure to contact them today, so that they can immediately start building a strong defense for you.