DUI - Driving Under the Influence (O.C.G.A. § 40-6-391)
Understanding O.C.G.A. § 40-6-391
Driving under the influence (DUI) is a serious offense in Georgia, governed by O.C.G.A. § 40-6-391. This statute includes two primary types of DUI charges: DUI-per se and DUI-less safe.
O.C.G.A. § 40-6-391(a)(5) (DUI-per se): This charge applies when a person is found driving with a Blood Alcohol Concentration (BAC) of .08 or higher within 3 hours of operating a vehicle. Conviction requires evidence from valid alcohol tests like breath, blood, or urine analysis.
O.C.G.A. § 40-6-391(a)(1) (DUI-less safe): This charge is based on demonstrating that the person was operating a vehicle in a less safe manner due to the influence of alcohol, regardless of the BAC level.
Examples of Breaking the Law
- Driving with a BAC of .08% or higher (DUI-per se).
- Exhibiting impaired driving skills due to alcohol consumption (DUI-less safe).
- Refusing a breathalyzer test leading to a presumption of impairment.
Punishments and Penalties for DUI Violations
DUI convictions in Georgia carry significant penalties, even for first-time offenses:
- Incarceration ranging from days to years, depending on the offense history.
- License suspension, impacting the ability to legally drive.
- Probation with strict compliance requirements.
- High court fines and monthly probation fines.
- Mandatory drug and alcohol screening at personal expense.
- Community service obligations.
- Required completion of drug/alcohol evaluation and treatment.
Defense Strategies
Effective defense strategies for DUI charges may include:
- Challenging the accuracy or legality of the BAC testing methods.
- Arguing against the subjective nature of a DUI-less safe charge.
- Presenting evidence that contradicts the prosecution’s claims of impairment.
Legal Comparison: Georgia vs. Other States
Georgia’s DUI laws are comparable in severity to many other states, with a focus on both BAC levels and driving behavior. However, some states may have different thresholds for penalties, especially for repeat offenders.
Legal Assistance for DUI Charges
If you’re facing DUI charges in Georgia, the stakes are high. Watson Law LLC, led by Attorney Zakiya Watson-Caffe, Esq., is equipped to provide expert legal defense in these challenging cases.
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Facing DUI charges requires immediate action. Contact Watson Law LLC for expert legal advice and representation. Attorney Zakiya Watson-Caffe, Esq., and her team are committed to defending your rights and achieving the best possible outcome. Learn more about our approach on our About Us page.
