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 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…)
Georgia DUI – Commercial Driver
Posted by Robert Horlick in DUI - Commercial Driver, DUI - Commercial Vehicle on 03. Dec, 2009 | 0 Comments
If you possess a Commercial Driver’s License (CDL) and drive a commercial vehicle in the State of Georgia, and are convicted of driving Under the Influence (DUI), you are subject to disqualification under the Uniform Commercial Driver’s License Act.
To be convicted of Driving Under the Influence while driving a commercial vehicle, the State must prove that you were driving or in actual physical control of a moving commercial motor vehicle, with a blood alcohol concentration of 0.04% or more.
If you submit to blood, breath, or urine testing and your BAC is found to be 0.04% or more, in addition to the criminal penalties you face if convicted, you are also subject to an administrative suspension of your driver’s privileges (which usually occurs before your criminal case is concluded). You have 10 business days to file a response to any petition filed against you requesting that your license be administratively suspended, and Horlick Law Firm will gladly do this for you.
If you do not request a hearing on this matter within 10 days, your license will be automatically suspended, even if you ultimately take your case to trial and win.
If you refuse to take any tests to indicate your BAC, and do not request an administrative hearing within 10 days, or lose your administrative hearing, your license will be suspended for one (1) year, and you will not be eligible for any temporary or hardship driving permits.
For this reason and many more, it is imperative that you have a lawyer throughout this process.
Contact Horlick Law Firm immediately to help navigate this stressful and tricky process. We are here to fight for you and help you save your job, your license, and your livelihood.
