Facing any type of criminal allegation can put anyone on edge. In many cases, gaining information on a particular situation could make an accused person feel more at ease because he or she knows more about what to expect from the case. In your situation, you may need to know more about DUI laws.
When charged with DUI in Georgia, it is important that you understand how the charge came about, what the possible consequences are and how you can fight back against such allegations. With this information, you may feel more ready to create and present a defense that helps you work toward the best possible outcomes.
Driving under the influence vs per se law
When authorities charge you with DUI, the allegation could come about in one of two ways. The first way is for an officer to believe that you operated a vehicle under the influence of alcohol or drugs. In order for a conviction to come about, the Georgia District Attorney would have to provide evidence that you did not have the ability to operate your vehicle safely due to the influence of drugs, alcohol or both. In this case, your blood alcohol concentration level does not have to exceed 0.08%.
Another way to face a DUI charge is if authorities believe that you violated the per se law. With this law, an officer may charge you with DUI if your blood alcohol concentration level is 0.08% or higher. Even if you do not exhibit obvious signs of impairment, you can still face charges.
Possible consequences of conviction
In this state, you could face criminal and administrative penalties if convicted of DUI. The criminal court could sentence you to jail time, impose fines or require community service. As for administrative punishment, you could face license suspension or revocation from the Department of Driver Services. If you refuse a breath test, that action violates state-implied consent law, and you could face an automatic driver's license suspension.
How can you fight back?
As with any type of criminal allegation, you have the right to create and present a criminal defense. In order to determine what strategies may best suit your case, you may find it helpful to carefully review the details of your arrest and the circumstances under which the charge came about. You may also find it helpful to discuss your case with an experienced defense attorney to gain further insight into your specific predicament.