It is widely understood that drunk driving offenses are considered serious criminal charges and these charges in Georgia are no exception. In Georgia, there are two ways drivers can be charged with driving under the influence. Driving under the influence or DUI may be charged when a driver is accused of driving under the influence of alcohol or drugs. DUI Per Se charges may also result when a breath or blood test reveals that the driver has a blood alcohol content level or BAC of 0.08 or greater.
A DUI charge can be serious because it is based on an evaluation that the driver was not able to safely operate their vehicle rather than their blood alcohol content level. Typically, field sobriety tests may be used to demonstrate that the driver was physically or mentally impaired by either alcohol or drugs or a combination of the two, and he or she was unable to safely operate their vehicle.
In DUI Per Se circumstances, the driver can challenge the chemical test establishing evidence of impairment above the legal limit as part of a criminal defense strategy. Likewise, DUI charges and the evidence alleged against the accused individual may also be challenged.
Drunk driving charges carry both criminal and administrative penalties. Individuals accused of DUI can face criminal legal consequences and administrative consequences such as license suspension or revocation. Potential criminal penalties for a DUI charge include jail time, possible fines and community service requirements. Depending on the accused individual’s BAC, penalties can increase in harshness.
Because a motorist could face serious consequences, it is best to have a good handle on the process and the criminal defense rights you have when facing a DUI charge. Any individual accused of a crime, including a DUI, which can have a profound impact on the daily life of the accused individual, should be familiar with their important criminal defense rights.
Source: Statelaws.findlaw.com, “Georgia DUI Laws,” Accessed June 26, 2017