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Attorney Christopher T. Adams

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In what ways can Georgia residents be charged with DUI?

With the holidays comes a variety of celebrations. From office parties to family gatherings, Georgians will be making merriment throughout the state. Safety should be a primary focus because if caught drinking and driving a DUI charge may ensue. This article will highlight the six ways a Georgia resident can be charged with DUI.

When a driver is intoxicated by alcohol to the point of being less safe to drive, it is cause for a DUI charge. Being under the influence is not limited to alcohol. Anyone that is intoxicated by a drug that makes he or she less safe to drive may also be charged with a DUI. The code further expands the definition of under the influence to anyone who intentionally uses glue, aerosol or other toxic vapor that makes he or she less safe to drive may also be charged with a DUI. If a driver is under the influence of any combination of items previously listed and are less safe to drive, a DUI charge may result.

Georgia code also outlines the parameters for an illegal blood alcohol level. A driver with a blood alcohol level of .08 grams or more may be charged. The guidelines are even stricter for an individual driving a commercial vehicle. A conviction can ensue if there is a little as .04 grams of alcohol is present in the blood, breath or urine. For anyone under 21, the blood alcohol level for conviction is .02 grams.

Finally, the issue of marijuana or controlled substances is addressed. If a controlled substance is found in an individual’s blood, it is irrelevant if the person is a less safe driver. The presence of the controlled substance is enough to lead to a DUI.

Source: Administrative Office of the Courts of Georgia, “Chapter 1: DUI, Elements of the Crime,” accessed on Dec. 11, 2014

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