DRIVING UNDER THE INFLUENCE
If you have been arrested for a DUI, you need the help of a lawyer. You need to contact one immediately after your arrest as there is a 10 day window after your arrest to protect your driver’s license.
A chemical test result above .08 will result in the suspension of you license for one year. A refusal to submit to a chemical test will result a mandatory one year suspension of your license (there is no permit available).
Driving under the Influence is a criminal offense. The reasoning behind the law is that when a driver is under the influence of some substance (either drugs or alcohol) they are unable to safely operate their vehicle and pose a significant risk to themselves and the other drivers on the road.
There are three types of DUI that you can be charged with under Georgia law. The most recognized of these is DUI per se. You will be charged with this offense if there a chemical test result above the legal limit of .08. The State can test your breath, blood or urine sample. A test result above .08 creates a rebuttable presumption that you are impaired.
The second type of DUI is called “less safe”. Under the offense, the State must show that you are under the influence of something to the extent that you are a less safe driver. The State does not need a test result to convict you; most of the evidence comes from the officer’s observations of your driving, demeanor, speech and physical characteristics. This type of DUI is much more susceptible to a good legal defense.
The third type of DUI is DUI “drugs”. Under this offense, the intoxicating substance is a drug of some kind. It can be an illegal drug or a legal prescription or even an over the counter medication. If the use of the substance causes you to be an unsafe driver, than you can be charged and convicted of this offense.
If convicted, your license will be suspended. In addition, you could be sentenced up to $1000 fine and/or 1 year in jail. You will be on probation for 12 months during which time you will be required to do other things such as community service.
YOUR RIGHTS IN A DUI CASE
If you are arrested for DUI, you have ten business days to request a hearing to contest the suspension of your driver’s license, including a refusal suspension.
You can refuse to take any roadside test requested by the officer. A refusal to perform roadside tests will not result in the suspension of your driver’s license. However, you will likely be taken into custody to take a state chemical test.
You have the right to challenge all of the State’s evidence in court. In order to successfully challenge the evidence, you will need the assistance of an attorney. Call me today for a free consultation.