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What Is a DUI?

Posted by Brett Willis | Oct 19, 2023 | 0 Comments

Driving is a privilege, not a right. Every state in the U.S. has established specific legal standards to ensure that those on the road are doing so safely. In the state of Georgia, one of the primary concerns for roadway safety revolves around a DUI. This article aims to shed light on what constitutes a DUI in Georgia, its repercussions, and the specific scenarios under which one can be charged.

Understanding the Legal Limits

Driving under the influence (DUI) is not just about alcohol. While most associate DUI charges with having too much to drink, it's important to note that in Georgia, the scope extends beyond just alcohol.

Alcohol-Related DUI

In the Peach State, the government measures DUI by the Blood Alcohol Concentration (BAC) level in your system. The general legal limit for those above 21 is a BAC of 0.08. This means that if you're caught with a BAC exceeding this limit, you can be charged with a DUI. However, for drivers under 21, the legal limit is much stricter, set at 0.02.

Drug and Aerosol-Related DUI

Apart from alcohol, being under the influence of drugs (whether prescription or illicit) or certain aerosol intoxicants can also lead to a DUI charge. It's not just about being over a specific "limit" in these cases. Instead, if the government believes that the substances have rendered you a "less safe driver," meaning that your capacity to drive safely is compromised, you could be facing DUI charges.

"Less Safe" Driver: A Closer Look

Georgia's DUI laws also consider scenarios where drivers might not necessarily exceed the legal BAC limit but are still deemed unfit to drive. This is commonly referred to as the "less safe" driver clause. Even if your BAC is below the 0.08 limit (or 0.02 for those under 21), if there's evidence suggesting that your driving ability was impaired by the influence of alcohol, drugs, or aerosols, you can still be charged with a DUI.

For instance, if you were swerving on the road, had slowed reactions, or demonstrated any other signs of impairment even with a BAC of 0.05, the law might still view you as a "less safe" driver.

Consequences of DUI in Georgia

Receiving a DUI charge is serious and can lead to a multitude of consequences, both immediate and long-term.

Legal Repercussions

First-time DUI offenders in Georgia can face hefty fines, mandatory community service, and even jail time. Additionally, the offense can lead to the suspension of one's driving license for up to a year. Subsequent offenses can result in even harsher penalties.

Personal and Professional Impacts

Beyond the legal consequences, a DUI charge can also have profound personal and professional implications. It could affect employment opportunities, increase insurance premiums, and even strain personal relationships.

Protecting Your Rights

If you ever find yourself facing a DUI charge in Georgia, it's crucial to understand your rights and seek legal counsel. A skilled attorney can evaluate the circumstances of your case, potentially challenging the charge or lessening its severity.

Conclusion: Stay Informed, Stay Safe

Understanding what constitutes a DUI in Georgia is essential for every driver. Beyond just staying within the legal limits, it's about ensuring safety for yourself and others on the road. Remember, while the specifics of the law are vital, the ultimate goal is clear: safe and responsible driving for all. If you have any further questions or need assistance, please contact Brett Willis Law today.

About the Author

Brett Willis

When the government has charged you with a crime, Brett Willis is the man to see. Brett has been winning the most difficult and serious cases since 2005.


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