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 – Commercial Vehicle
Posted by Robert Horlick in DUI - Commercial Vehicle, GA DUI Law on 04. Dec, 2009 | 0 Comments
If you have a Commercial Driver’s License (CDL) in the State of Georgia, and are charged with Driving Under the Influence while driving that commercial vehicle, in violation of O.C.G.A. 40-6-391(i), Georgia’s DUI laws are even more stringent than those regarding drivers of non-commercial vehicles.
In order to establish that you were DUI in a commercial vehicle, the State must prove beyond a reasonable doubt that you were driving, or in actual physical control, of a moving commercial motor vehicle, with an alcohol concentration of 0.04% or more.
The penalties for a conviction under this charge can be especially severe for your livelihood; if convicted, you are subject to disqualification of your Commercial Driver’s License (CDL) under the Uniform Commercial Driver’s License Act.
If you have been charged with DUI in a Commercial Vehicle, contact Horlick Law Firm immediately for a free case evaluation and consultation. Let us help you fight for your license, your job, and your rights!
Georgia DUI Penalties – 3rd
Posted by Robert Horlick in 3rd DUI, DUI Consequences on 04. Dec, 2009 | 0 Comments
If you are convicted of Driving Under the Influence (DUI) in the State of Georgia for your 3rd offense within 10 years, based on the dates of your previous DUI arrests, you face punishment as a High and Aggravated misdemeanor.
Traditionally, DUI is a misdemeanor charge, which subjects you to up to $1000 fine and up to 12 months in jail (in addition to the other requirements discussed below and elsewhere on this site). However, as a High and Aggravated misdemeanor, you face between $1000 and $5000 in fines (and court costs, which tend to be 15-25% more), and 120 days to 12 months imprisonment, at least 15 days of which MUST be served.
Additionally, you must complete at least 240 hours (30 days) of Community Service, and the DUI Alcohol or Drug Use Risk Reduction Program. You must also submit to a clinincal evaluation for drug or alcohol abuse, and submit to any treatment recommended by that evaluation as a part of your sentence.
You will be placed on probation for 12 months, less any time you spend in jail, and your vehicle is subject to forfeiture. You face a five (5) year license suspension, ignition interlock, confiscation of your license plate, and and only after 24 months and the completion of certain conditions are you eligible for a probationary license. There may also be some additional conditions or consequences based on your particular situation.
If these convictions occur when you are under 21, or when driving a commercial vehicle, your potential penalties and license implications may be more severe than those discussed above. Contact Horlick Law Firm immediately to discuss your specific situation and develop a plan of action that will help you navigate through this stressful and tricky process.
BAC – Blood Alcohol Content
Posted by Robert Horlick in Blood Alcohol Content (BAC), DUI Tests, Implied Consent, Urine/Blood Test on 03. Dec, 2009 | 0 Comments
In Georgia, a driver may be charged with Driving Under the Influence (DUI) either by driving or being in actual physical control of a moving vehicle while under the influence of alcohol and/or a controlled substance, to the extent that it is less safe for him or her to drive…or…per se, by driving or being in actual physical control of a motor vehicle with an alcohol concentration of 0.08 grams* or more any time within three (3) hours after driving from alcohol consumed before that driving ended (*This value is different if the driver is under 21 or driving a commercial vehicle at the time. See here and here for distinctions).
The chemical testing of a driver’s BAC (Blood Alcohol Content) is scientific, and therefore more reliable than the officer’s suspicions or subjective determinations of impairment based on the results of any Field Sobriety Tests (FSTs). However, to be admissible, the test must be administered properly, and as mentioned elsewhere on this site, many physical and environmental conditions such as acid reflux, electronic interference, or the presence of mouthwash or mints, for example, may cause these results to appear higher than they should.
The most common way that the police administer chemical tests of a driver’s BAC (blood alcohol content) is through a Breathalyzer exam. BAC may also be tested by way of blood or urine analysis, however.
For driver’s 21 and over, a BAC of 0.08 grams or more can support a charge of driving under the influence per se (and a driver with a BAC below 0.08 grams may still be charged as a “less safe” driver).
For driver’s under the age of 21, because of “zero tolerance” laws, a BAC of 0.02 grams or more can lead to a charge of driving under the influence. And for those driving commercial vehicles and suspected of driving under the influence, a BAC of 0.04 grams or more can support a charge of DUI.
By having a driver’s license in the State of Georgia, you impliedly consent to submitting to a test of your blood alcohol content upon request by law enforcement. This Implied Consent condition (discussed more thoroughly here) means that, while you may still choose not to submit to a test of your blood, breath or urine, your refusal will be prosecuted separately from your criminal case (in an administrative hearing, discussed more thoroughly here), and can result in the suspension of your license for a minimum of one (1) year.
