Georgia DUI – Per Se
Posted by Robert Horlick in DUI "Per Se", GA DUI Law on 06. Dec, 2009 | 0 Comments
Breathalyzer DUI Blood Alchohol Test
In the State of Georgia, a driver aged 21 and over can be charged with Driving Under the Influence (DUI) Per Se, in violation of O.C.G.A. 40-6-391, if there is probable cause to believe he or she drove or was driving or in actual physical control of a moving vehicle, with an alcohol concentration of 0.08 grams or more at ANY time within three (3) hours after driving from alcohol consumed before such driving ended.
A driver may also be charged with Driving Under the Influence Per Se, in violation of O.C.G.A. 40-6-391, if he or she drives or is in physical control of a moving vehicle while there is any amount of marijuana or a controlled substance in the driver’s blood and/or urine. This is regardless of whether or not alcohol is present in the driver’s blood or breath.
Unlike the charge of Driving Under the Influence (DUI) “Less Safe” in Georgia, which only requires that one drive or be in physical control of a moving vehicle while under the influence of alcohol or drugs, to the extent that it was “less safe” for that person to drive — a charge based largely on the opinion of the arresting officer – the charge of Driving Under the Influence Per Se is rooted in the scientific results of a Breathalyzer test, and/or the results of a blood or urine test that indicate the presence of alcohol or other controlled substances.
Georgia’s DUI Laws are different and understandably more stringent for drivers of commercial vehicles and drivers under the age of 21. Those differences are discussed here and here.
If you have been charged with a DUI in Georgia, contact Horlick Law Firm immediately for a free case evaluation and consultation.
Georgia Implied Consent
Posted by Robert Horlick in DUI Tests, GA DUI Law, Implied Consent on 06. Dec, 2009 | 0 Comments
In Georgia, anyone licensed to drive in the state has impliedly consented to some form of chemical testing of their breath, blood or urine if suspected of Driving Under the Influence (DUI). There are three types of Implied Consent notices officers may read in the State of Georgia… (more…)
Georgia DUI Resources & Facts
Posted by Robert Horlick in Georgia DUI Facts, Resources on 06. Dec, 2009 | 0 Comments
Hopefully this website has provided you some clear information and understanding of the laws regarding Driving Under the Influence and the penalties for violating these laws, as they relate to you, your license, and your livelihood. Because a website is no substitute, and should never be, for the informed advice of an attorney, if you have any questions at all about your case, please contact Horlick Law Firm immediately to discuss it with a skilled attorney.
If you are looking for more general information about DUI or a general glossary of the terms discussed throughout this website, the website Freeadvice offers an incredibly comprehensive and informative collection of Georgia DUI Laws, Articles, Statutes and Links.
Freeadvice.com also offers these articles, which address some common questions about whether or not you “need” an attorney to handle your DUI case, possible effects of a DUI conviction on your insurance, what happens when you get stopped on suspicion of driving under the influence, and how a conviction for DUI can affect your record. While these articles are not specific to Georgia, and as such only an attorney licensed to practice in Georgia can give you the specific answers and advice you need, they offer an informative overview of the charge and its’ potential consequences.
Georgia DUI – 10-Day Rule – License Suspension
Posted by Robert Horlick in DUI License Suspension on 06. Dec, 2009 | 0 Comments
If you are charged with a DUI in Georgia, you face criminal penalties and license suspension, and you may only have days to act or you will lose your license -automatically. Contact a lawyer immediately to discuss your case and your options. (more…)
DUI – Questioning by Officer
Posted by Robert Horlick in DUI Tests, Questioning by Officer on 06. Dec, 2009 | 0 Comments
If you are involved in an accident or stopped by a police officer in the State of Georgia on suspicion of violation of some traffic offense, you will likely be asked a serious of investigative questions. You must be aware that, at all times, even before arrest and before suspicion that you may have violated any specific crimes, you have the right to remain silent under Georgia law.
You have the right not to incriminate yourself, and many times, answering what may seem to be harmless questions can do just that. When speaking to any law enforcement officers, keep in mind that anything you say can AND WILL be used against you.
You should assume your statements and actions are being recorded (most officers have video cameras running in their vehicles and audio microphones on their uniforms), and that these statements and actions WILL BE used against you in any prosecution.
You should assume that, from the second you are pulled over, and often before, the officer is looking for further evidence or probable cause that you have violated the law, whatever law it might be.
In most cases, whether or not it seems this way, you are already under suspicion when you are stopped. Be mindful that your encounter with the police begins unbalanced. The police are always looking for admissions, clues, and further indications that you have violated the law. Whenever you are stopped by the police, and for whatever reason, keep this in mind.
Be respectful and polite in your encounter, but remember that they are looking for evidence that you have committed a crime. They are free, and it is their job, to look, but you have no obligation to help them collect evidence against you.
Horlick Law Firm encourages you to respectfully decline to answer any questions that may incriminate you and immediately assert your desire to speak to your attorney. If you have any questions about being stopped and questioned by the police, please contact Horlick Law Firm immediately for a free consultation.
