DUI Attorney Serving Paulding County, GA
North West Georgia including Cobb and Douglas Counties
There are two common types of DUI/DWI, Per Se and Less Safe. Both types are equally serious and can have a significant impact on your life.
Per Se- this is the type most people think of when they hear DUI/DWI. The state has to prove beyond a reasonable doubt that you drove while your alcohol concentration was 0.08 grams or more.
Less Safe-in some cases this charge can be reduced to reckless driving. The state must prove beyond a reasonable doubt that you were driving while under the influence of alcohol to the extent you were incapable of driving safely.
There are defense strategies to DUI in Georgia. Knowing when and how to use any given defense strategy takes experience. Do not go into court facing a DUI without an attorney. I have the experience and expertise to fight and succeed in your case.
Georgia's driving under the influence (DUI) laws make it illegal for drivers of all ages to operate motor vehicles if they have blood alcohol concentration (BAC) percentage of:
- 08% or higher, if they're 21 years old or older operating regular passenger vehicles.
- 04% or higher, if they're operating commercial vehicles.
- 02% or higher, if they're younger than 21 years old.
OCGA §40-6-391
(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(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;
(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;
(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; 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.
DUI/DWI PER SE
First offense Misdemeanor
Blood Alcohol Concentration of .08 or higher
$300 to $1000 fine plus fees and surcharges
10 days to 12 months in jail with a 24 hour mandatory minimum
40 Hours of community service
Alcohol and drug evaluation
Risk reduction program
License suspension for 1 year-
Limited driving permit- may be available if- the risk reduction program is completed and at least thirty days has expired since the conviction.
Second offense misdemeanor
Blood Alcohol Concentration of .08 or higher
$600 to $1000 fine plus fees and surcharges
90 days to 12 months in jail with a 72 hour mandatory minimum
30 days of community service
Alcohol and drug evaluation
Risk reduction program
Publication if second within five years
License suspension for 3 years-
Limited driving permit- may be available if- the risk reduction program is completed, at least thirty days has expired since the conviction and an ignition interlock system is installed. (in some cases, not all, the interlock requirement can be waived if a financial hardship can be proven)
Third Offense High Misdemeanor (allows for greater penalties)
Blood Alcohol Concentration of .08 or higher
$1000 to $5000 fine plus fees and surcharges
120 days to 12 months in jail with a 15 days mandatory minimum
30 days of community service
Alcohol and drug evaluation
Risk reduction program
Publication if within five years of previous conviction
License revocation for 5 years-
DUI LESS SAFE
Misdemeanor
Under the influence regardless of Blood Alcohol Concentration
$300 to $1000 fine plus fees and surcharges
10 days to 12 months in jail with a 24 hour mandatory minimum
40 Hours of community service
Alcohol and drug evaluation
Risk reduction program
License suspension for 1 year-
Limited driving permit- may be available if- the risk reduction program is completed and at least thirty days has expired since the conviction.
Forth offense Felony- habitual offender
Blood Alcohol Concentration of .08 or higher
$1000 to $5000 fine plus fees and surcharges
1 year to 5 years in jail with a 90 day mandatory minimum
60 days of community service
Alcohol and drug evaluation
Risk reduction program
Publication
License revocation lifetime
Field sobriety test (FST)-
Several tests can be administered by law enforcement to determine of you are impaired.
There are four typical FST’s
- walk and turn
- one leg stand
- horizontal and or vertical gaze nystagmus (checking your eyes)
- reciting numbers or the alphabet
Many, if not most people, believe they are required to perform these tests when ask to do so by law enforcement or face the loss of their license. That belief is incorrect. FST’s are used by law enforcement for one reason, to collect evidence that you are guilty of a crime. But the Constitution says no person shall be forced to give evidence against himself. Therefore, there can be no requirement to perform FST’s. They are voluntary. However, a request by law enforcement to submit to a chemical test (breathalyzer, blood or urine test) is required due to Implied Consent. Failure to submit to this procedure can result in the suspension of your license for a year.
What happens if I refuse to submit to a chemical test? First let me say that if you truly believe that you are going to test positive for alcohol with a BAC of more than .08, refusing the test will prevent law enforcement from collecting actual evidence of a DUI. You may face the suspension, but if you truly believe you have a BAC over .08, you will be subject to license suspension for a year anyway. However, if you refuse, your license will be administratively suspended and confiscated and a 30 day permit will be given to you. You then have 30 days to file a request for administrative hearing to contest the refusal. If you fail to file for the hearing your license is suspended for a year.
Implied Consent
- Any person who operates a motor vehicle in Georgia shall be deemed to have given consent to a chemical test or tests of his or her blood, breath, urine, or other bodily substances for the purpose of determining the presence of alcohol or any other drug. Id. § 40-5-55. The officer selects which test or tests to be administered. Id. § 40-5-55.
- Refusal by the driver to submit to chemical tests at the time of his arrest shall be admissible in evidence against him in any criminal trial. Ga. Code Ann. 40-6-392(d).
- Refusal to submit to test(s) will result in the suspension of driving privileges, but the driver may request a hearing, in writing, within thirty days of the incident. Id. § 40-5-67.1(g).
- The person tested may have a physician or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer. Id. § 40-6-392(a)(3).
Special conditions
No NOLO contendere can be used for people under 21
An additional charge of Child Endangerment can be charged if there is a child under the age of 14 in the car.
Commercial license BAC .04
Limited Driving permit- these are the only reasons to operate a car
- going to work or performing the normal duties of employment
- medical appointments
- attending school- must be enrolled
- attending driver’s education, assessments, court ordered treatment
- going to and from ignition interlock center