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 – Urine/Blood Tests
Posted by Robert Horlick in Blood Alcohol Content (BAC), DUI Tests, Urine/Blood Test on 03. Dec, 2009 | 0 Comments
If you are charged with Driving Under the Influence (DUI) in the State of Georgia, you are either suspected of having driven or operated a motor vehicle while under the influence of alcohol to the extent it was less safe to drive, or you are charged with driving under the influence, per se, i.e., having a blood alcohol concentration (BAC) of 0.08 grams or more* any time within three (3) hours after driving from alcohol consumed before that driving ended.
(*These values are different for drivers under the age of 21 and drivers of commercial vehicles).
A driver may also be charged with DUI Per Se if, when driving or being in actual physical control of a moving vehicle, there is any amount of marijuana or controlled substance in his or her blood or urine.
The most common method of testing one’s BAC (blood alcohol content, or concentration) is by submitting breath samples to a Breathalyzer. However, one’s BAC may also be tested by a chemical analysis of their blood or urine. If this method of testing is utilized, the results must be submitted to the lab and analyzed before a determination of BAC can be made. If the blood or urine test indicate the presence of marijuana or other controlled substances, regardless of whether any alcohol is present, a driver may be charged with DUI Per Se.
