Understanding DUI

In Georgia, it is a criminal offense to operate a car, truck, or motorcycle when a driver’s ability to do so has been compromised by using alcohol or drugs, whether legal or illegal, or if the driver is inebriated above regulated allowances, known as blood-alcohol concentration (BAC). Drugs include over-the-counter medications, such as antihistamines, and prescription medicines, such as painkillers. This law is known as DUI: driving under the influence. In some examples it may also be cited as DWI (driving while intoxicated), OMVI (operating a motor vehicle while intoxicated) or OUI (operating under the influence).

While .08 percent BAC is the point at which a offence has been committed, it is essential to know that you could be convicted at just .05 percent if the cop can establish you were perilously operating your motor vehicle. Also, it is illegal for drivers under the official drinking age to have even .02 percent alcohol in their systems.

The Traffic Stop
If a person is pulled over on a routine stop and the officer suspects intoxication, field sobriety tests may be conducted. The driver must perform simple physical or cognitive tests to decide sobriety. The most general requests are to walk a straight line heel-to-toe and turn at the end to return, or stand with feet together and lean the head backwards, or stand on one leg. The officer may move a penlight in front of the driver’s eyes and ask that the driver follow the light with the eyes. This is the “horizontal gaze nystagmus test,” which is quite new to field sobriety tests, and is fairly accurate if administered well. The officer is estimating the angle at which the eye twitches; if this happens at less than 45 degrees, it is a mark of high blood-alcohol concentration.

In Georgia, as in all states, if a driver is supposed of being under the influence of drugs or alcohol, some form of chemical test, such as breath, blood, or urine testing is vital. Rejection carries a possible fine such as suspension of driving privileges. A Breathalyzer unit may be used, which is a small hand-held tool that measures the driver’s BAC (blood-alcohol concentration). This may be done roadside, at the detainment center, or at a hospital. Blood or urine tests can also be done at a hospital.

The Punishment
Fines, jail time, probation, and community service are all possible if you are convicted of DUI. Minimum penalisation may be applied for first-time offenses, with bigger penalties for each offense from then on. Many factors may be taken into account with a DUI offense.

• Do you have a history of DUI infringements?
• Were you operating a commercial vehicle at the time of the DUI?
• Did the violation occur while there was a child in the vehicle?
• Did the violation occur simultaneously with another moving violation?
• Was there a car accident in which someone was injured or killed?
• Was the driver under the permissible drinking age?

The Consequences
Your driver’s license may immediately be suspended for a year if your blood-alcohol content is over the legal limit for your first offense, three years for your second offense, or five years for your third offense; it may also be suspended if you decline sobriety field or chemical tests. An “ignition interlock device” may be attached to your car. This is a breath-testing machine that you must activate with no more than .02 BAC level in order to drive the vehicle. If this is your fourth offense, in Georgia your vehicle may be condemned. Even in the most lenient of events, you will be required to go through mandatory alcohol education and possibly treatment and/or assessment. At your sentencing hearing, your loss of civil liberties will be determined.

The Plea Bargain
You cannot count on negotiating a plea bargain in the case of your DUI. In recent years DUI has received a great deal of media attention, and judges are not likely to be lenient.
This is why it is imperative to hire only a lawyer with extensive knowledge in DUI defense.  One that is known for winning cases.  (source)