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 – Under 21
Posted by Robert Horlick in DUI - Under 21, DUI - Under 21, DUI Consequences on 05. Dec, 2009 | 0 Comments
If you are under 21 years old and charged with Driving Under the Influence (DUI) in Georgia, because of Georgia’s “Zero Tolerance” laws, you face a different level of penalty than drivers 21 and over.
While most of the conditions imposed on drivers convicted of DUI in Georgia are the same, there are stricter consequences on the driving privileges of those under 21, and (as discussed here) the levels of blood alcohol concentration required to prove DUI for drivers under age 21 is much lower than that for drivers 21 and over.
For instance, if you are convicted of Driving Under the Influence and under 21 years old, your driver’s license will be suspended for at least six (6) months (if any trace of alcohol is found in your system), and for one (1) year if your BAC (discussed more thoroughly here) is 0.08 grams or more.
It is imperative, then, that you know your rights when driving in Georgia, and if you are pulled over, so that you can also know the potential consequences of your decisions. Georgia is very strict on drivers under age 21 charged with driving under the influence, and it is in your best interest to speak to an attorney immediately about how best to fight your case.
Georgia DUI – “Less Safe”
Posted by Robert Horlick in DUI "Less Safe", GA DUI Law on 05. Dec, 2009 | 0 Comments
In the State of Georgia, a driver can be charged with Driving Under the Influence (DUI) “Less Safe”, in violation of O.C.G.A. 40-6-391, if there is probable cause to believe he or she drove or was in actual 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.
Unlike the charge of DUI Per Se, which is based on a driver’s actual alcohol concentration or the presence of marijuana or controlled substances in the driver’s urine and/or blood, the State (as represented by the Solicitor or Assistant District Attorney) need not show the driver’s alcohol concentration to establish that he or she was a “Less Safe” driver.
To prove that a driver was Driving Under the Influence to the extent that it was less safe for him or her to do so, the State may attempt to establish impairment by the officers observations (as in, smelling an odor of alcohol or strange behavior), a driver’s admission to having consumed alcohol, erratic driving, conclusions regarding the results of any Field Sobriety Tests performed, the driver’s refusal to submit to field sobriety tests, and the officer’s resulting opinion that the driver was Driving Under the Influence to the extent that it was “less safe” to drive.
While the refusal to submit to Field Sobriety Tests and the Breathalyzer can be used against a driver charged with DUI in the State of Georgia, and there are consequences for such refusal (discussed more thoroughly here), it takes much more to establish beyond a reasonable doubt that a driver was DUI “Less Safe” than just proof of refusal.
Without the “science” of a Breathalyzer or blood or urine test result to establish a driver’s alcohol or drug concentration, the case is essentially based on the officer’s opinions, and establishing a charge of DUI “Less Safe” beyond a reasonable doubt can be quite difficult and often impossible for the State.
If you have been charged with Driving Under the Influence (DUI) Less Safe, contact Horlick Law Firm immediately for a free case evaluation and consultation.
Georgia DUI Penalties
Posted by Robert Horlick in DUI Consequences, GA DUI Law on 05. Dec, 2009 | 0 Comments
If you are charged with Driving Under the Influence in the State of Georgia, you face jail, fines, license suspensions, and more, even if you are not convicted of the crime! The potential penalties range depending on your age, class of license, level of impairment, and whether or not this is your first (or 2nd, or 3rd) DUI, but it is advised that you Horlick Law Firm immediately to discuss your particular case and options.
There are a number of “types” of DUI in Georgia. The most commonly charged types of DUI (inc., DUI Per Se, DUI Less Safe, DUI Drugs, DUI Under 21, and DUI Commercial Driver), what the State is required to show to prove these charges, and what the potential penalties of conviction are for each class of driver, are discussed in more detail elsewhere on this site.
There is one penalty that could affect all classes of driver charged with DUI – the administrative license suspension. When you are arrested for DUI, the arresting officer may file a petition (DDS form 1205) to suspend your license administratively (separate from your criminal proceeding). If this petition is filed, you only have 10 DAYS to request a hearing on this matter, or your license will be suspended.
DUI law in Georgia can be very complicated and time-sensitive, so please…
If you have any questions about your particular situation, please contact Atlanta DUI Attorney Robert Horlick of Horlick Law Firm immediately at through the link above or by phone (404-487-8473) or email (info@horlicklawfirm.com) for a free case evaluation and consultation.
DUI – Under 21
Posted by Robert Horlick in DUI - Under 21, GA DUI Law on 04. Dec, 2009 | 0 Comments
Because of Georgia’s “Zero Tolerance” Laws, drivers under 21 charged with Driving Under the Influence (DUI), in violation of O.C.G.A. 40-6-391(k), face more stringent penalties than drivers of legal drinking age charged with DUI.
In order for the State to establish that a driver under the age of 21 is guilty of Driving Under the Influence, they must prove that he or she was under the age of 21, and drove or was in actual physical control of a moving vehicle, with an alcohol concentration of 0.02% (determined by breathalyzer, or blood or urine test) or more at any time within three (3) hours after driving, from alcohol consumed before such driving ended.
If you have been charged with Driving Under the Influence (DUI) and you are under 21, please contact Horlick Law Firm immediately for a free case evaluation and consultation. We will do all that the law allows to defend you and protect your rights, privileges, and future.
