Georgia DUI Laws
If you have been arrested for driving under the influence in metro Atlanta, it isn’t enough to simply open the yellow pages and hire a general defense lawyer. Georgia authorities treat DUI with unusual severity so it’s vital that hire professional DUI defense attorney Frank Gomez to protect your rights.
In Georgia, there are two types of DUI cases. You may be charged with a “less safe” violation or you may be charged with a “per se” violation.
A “less safe” driver violation means that your driving was unsafe due to intoxication by alcohol or drugs. To prove the case, the prosecuting attorney will submit that you were under the influence of alcohol or drugs to the extent that your driving was negatively impacted, thus a less safe driver.
For this type of violation, an officer will testify that your demeanor was abnormal when you were arrested. The officer could claim that your eyes were bloodshot, your speech was slurred, or there was a scent of alcohol present. This testimony is obviously subjective.
A “per se” violation means that you had an unlawful blood alcohol content (BAC) or the presence of impairing drugs in your system. The prosecutor does not have to prove your driving was unsafe for a conviction – the substances you consumed are sufficient to convict.
In Georgia, you will be charged with a “per se” violation if your BAC is 0.08 percent or above. Even if your blood alcohol content is lower than the 0.08 percent “per se” limit, you could still be convicted. If your BAC is between 0.05 and 0.08 percent, the prosecution may still attempt to prove you were a “less safe” driver. If you were operating a commercial vehicle, a BAC of 0.04 percent constitutes a “per se” violation. For drivers below the age of 21, a BAC of 0.02 percent is enough to gain a conviction for a “per se” violation.
If you have recently been arrested and charged with a “less safe” or “per se” violation, you should contact attorney Frank Gomez as soon as possible. Complete our online form today to get the legal assistance that you deserve.
