GA DUI - DRUNK DRIVING
Augusta Georgia DUI Attorney - Drunk Driving Lawyer
Our Augusta law firm handle the following DUI and vehicle offenses:
| GA DUI - Drunk driving Minor Drunk driving No registration Underage drinking All alcohol related crimes |
ALS hearings Traffic cases Speeding Running red light Feticide |
Vehicular homicide Improper movement Hit and run No license Open container |
DUI - Driving Under the Influence
Driving under influence refers to driving with your blood alcohol content above the legal limit or if you are under the influence of prescription or illegal drugs to such an extent that you are impaired.
When a police officer stops you, he or she may initiate a DUI arrest if you smell alcohol or otherwise appear to be under the influence. The officer must have seen you driving.
To determine if you are under the influence, the officer will use various methods including a chemical or breath test, field sobriety tests, testing your reflexes and balance as a measure of how well you are able to operate a car.
Blood Alcohol Level
Blood Alcohol Level refers to the amount of alcohol absorbed by the body.
In Georgia driving with a blood alcohol level of .08 or above is considered under driving influence in Georgia. For minors, blood alcohol level of .02 or above is considered over the limit. The limit is .04 for commercial drivers. If your blood alcohol level is .15 or more, you will be subject to higher penalties.
Blood alcohol content can be measured by a breathalyzer test, a urine sample or a blood sample.
Several factors like if anyone was hurt or killed, if a child was in the car and if you have prior DUI convictions influence the penalties for driving under the influence.
To get your license back, you may have to take a defensive driving course and/or you perform community service. There may be other restrictions imposed on you including getting an ignition lock, forfeiture of tags to any cars title in your name, alcohol rehabilitation program, etc.
Breathalyzer
A breathalyzer refers to the device police officers use to test a driver’s blood alcohol content. In Georgia the police generally use the Intoxilyzer 5000. The results are generally considered accurate but can be affected by body temperature, electrical currents, breath sprays and other conditions including the condition of the device and the officer’s training in using the device.
The driver must blow into the device for a certain period of time for the device to generate a reading. People with pulmonary or other health conditions might have a problem trying to blow for the required time.
If you refuse to take a breathalyzer test, your license can be suspended or revoked. If you refuse a breathalyzer, the police officer is required to read you an Implied Consent Form informing you that you will most likely lose your license.
Administrative License Suspension Form
The Administrative License Suspension Form (Form 1205) is a complex form which you will receive from the officer who charges you with DUI. Failing to respond to the form within ten days can result in your rights being waived. You must request the Department of Driving Service for hearing with ten days or you could loose your right to appeal. You can loose your license for a year or more if you fail to request a hearing. An experience Georgia DUI attorney can help you if you have been handed a Administrative License Suspension Form.
Getting back your license after DUI
First time offenders can loose their license for a year. A second offence within a five year period can result in suspension of five years. A third offense with five years can result in revocation of the license for five years. A third time offender whose license has been revoked will not get a limited permit to drive to work or school for the first two years.
Administrative licensing hearing
If you have been arrested for DUI, you must request the Department of Driving Services for an administrative licensing hearing within ten days of your arrest or you will loose your right to a hearing. The ten days start from the first business day after your arrest. The hearing is generally scheduled about 60 days after your arrests. Contact an experienced Georgia traffic attorney if you have been arrested for DUI. The attorney can request for a hearing and represent you at the hearing. The hearing is held before an officer. The officer will review the evidence you produce and determine whether or not to suspend or revoke your license. You will be given an opportunity to question the officer who arrested you. Based on the evidence you produce and your questioning, the officer will take a decision.
Driving with an open container of alcohol
Driving with an open container of alcohol in Georgia is illegal. Under Georgia law, a container is considered open if the seal has been broken, it’s actually open or some portion of the original contents has been removed. If the beverage has half of one percent or more alcohol by volume, it is considered alcoholic beverage. If you are caught driving with an open container of alcohol, you will accumulate two points on your license. This Georgia law is the result of a federal law that allowed the federal government to withhold highway funds if the states didn’t have open container laws that met certain criteria.
Boating Under the Influence
Boats do not have brakes. So boating under the influence is more dangerous. Boating under influence is a serious criminal offence and has the same penalties as DUI. If you are later charged with DUI, your prior BUI conviction will be treated as a prior DUI conviction.
Minors and Alcohol
Legal limit
A driver under 21 with a blood alcohol level of .02 grams or more is considered driving under the influence. A conviction results in a six month suspension of license. The license is suspended for 12 months if the blood alcohol level is .08 grams or more. An underage driver must plead guilty or not guilty and cannot offer a no contest to a DUI charge in Georgia. If convicted, the minor has to retake the driving test all over again to get a new license.
Loosing license for buying alcohol
Under Georgia law, a minor convicted of purchasing alcohol will face fines and probation in addition to a six month license suspension. A second conviction will result in a 12 month license suspension. A minor charged with an attempt to buy alcohol can avoid the license suspension by pleading no contest for the first time. However the minor’s license will be suspended for 12 months on second conviction. It is illegal in Georgia for a minor to misrepresent his or her age to buy alcohol. This offense carries a six month license suspension in addition to fines and probation. A minor who possesses alcohol can be subject to fines and probation. If he or she was driving a car at the time, the charge carries a license suspension of four months in addition to the fines and probation.
Providing a minor with alcohol
In Georgia it is a crime to provide a minor with alcohol and the charge carries a prison sentence up to 12 months and fine of $1000.
If you are accused, suspected, or charged with drunk driving or any other alcohol related offense in Georgia, then you should contact an Augusta GA criminal lawyer immediately to protect your rights.
Our DUI – drunk driving defense attorneys are based in Augusta GA - Georgia. Our lawyers vigorously defend traffic cases in Augusta, Evans, Martinez, Jefferson County, Harlem, Waynesboro, Appling, Thomson, Louisville, Blythe, Hephzibah, Grovetown, Lincoln County, McDuffie County, Lincolnton, Fort Gordon, Richmond County, Columbia County, Burke County, Girard, Aiken South Carolina, North Augusta SC, and in Federal Court. We can help you fight your DUI charges. Call (phone).