Driving under the influence or DUI (O.C.G.A. 40-6-391) has many specifics that your lawyer must know to properly handle your case. Each case is different and must be evaluated base on its individual facts. A DUI can be given for “less safe”, influence of a drug, influence of alcohol, or influence of toxic vapor.
- A DUI less safe (40-6-391(a)(1)) can be determined by the officers observations and field sobriety test. You can be found to be less safe to drive even if your alcohol level is below 0.08 grams. Having a lawyer who knows what it takes to determine whether a person is less safe or not will make a large difference in the outcome of the case.
- DUI per se (40-6-391(a)(5) is when your BAC is greater than or equal to 0.08 grams at any time within 3 hours after driving or being in physical control of a vehicle. This must be tested by blood or a Breathalyzer test. All qualifications of the machine and technicians involved must be examined to determine if proper procedure is taken.
- Prescription drugs can result in a DUI even if legally prescribed if the driver is found to be rendered incapable of driving safely. Methods used to determine if a person is rendered incapable of driving safety must be put under scrutiny to determine if they were properly performed.
- Each time a person is convicted of a DUI the consequence can be greater.
- First and second conviction is a Misdemeanor. Third conviction is a high and aggravated misdemeanor. Fourth or subsequent conviction is a Felony. These are usually measured within a 10 years period.
- Every DUI if convicted and result in jail time and a fine.