GEORGIA DUI - DRUNK DRIVING IN GA
Savannah Georgia DUI - Drunk Driving Lawyer
Our Savannah GA attorneys handle the following DUI and vehicle offenses:
| GA DUI - Drunk driving Minor Drunk driving Hit and run No license Open container |
ALS hearings Traffic cases Speeding Running red light Feticide |
Vehicular homicide Improper movement No registration Underage drinking All other offenses related to alcohol |
Driving Under the Influence - DUI
You will be charged with driving under the influence if your blood alcohol content is above the legal limit or if you are under the influence of drugs (prescription or illegal drugs) to such a degree that you are impaired.
The police officer may initiate a DUI arrest when they stop you for any traffic violation if they smell alcohol or you appear to be under the influence. The officer must have seen you driving.
The officer will use various methods to determine if you are under the influence including a chemical or breath test, field sobriety tests, testing your reflexes and balance as a measure of how well you are able to operate a car.
Blood Alcohol Level
Blood Alcohol Level is the measurement of how much alcohol has been absorbed by the body.
In Georgia, blood alcohol level of .08 or above is over the limit. For minors, blood alcohol level of .02 or above is considered over the limit. The limit is .04 for commercial drivers. If your blood alcohol level is .15 or more, you will be subject to higher penalties.
Blood alcohol content can be measured by a breathalyzer test, a urine sample or a blood sample.
Several factors like if anyone was hurt or killed, if a child was in the car and if you have prior DUI convictions influence the penalties for driving under the influence.
Generally the penalties include suspension of license for a period of time besides probation or prison term. You may also be required to pay fines and fees.
You may have to take a defensive driving course and/or you perform community service to get your license back. You may be required to get an ignition lock on your car, forcing you to prove you’re not drunk before the car will start. You may also lose the tags to any cars title in your name. In some cases, you may be required to go through an alcohol rehabilitation program.
Breathalyzer
A breathalyzer is the device used by police officers to test a driver’s blood alcohol content. The Intoxilyzer 5000 is the most commonly used device in Georgia. The results although considered accurate can be affected by body temperature, electrical currents, breath sprays, and other conditions including the condition of the device and the officer’s training in using the device.
The officer will direct the person to blow into the device for a certain period of time. Some people with pulmonary or other health conditions may be unable to blow into the machine long enough to generate a reading.
You risk revocation or suspension of your license if you refuse to take a breathalyzer test. If you refuse, the police officer must read out to you an Implied Consent Form informing you about the consequences.
Administrative License Suspension Form
If you are charged with DUI, the officer will hand you the Administrative License Suspension Form (Form 1205). You must respond within ten days or else your rights will be waived. Within ten days, you must make a request for hearing with the Department of Driving Service. If you fail to do so, you could loose your right to appeal. If you do not ask for a hearing, you can loose your license for a year or more. If you have received the Administrative License Suspension Form (Form 1205), contact an experienced Georgia DUI attorney to protect your rights.
Getting back your license after DUI
DUI generally results in suspension of license. You will lose your license for one year if it is your first time. If it is your second time within a five year period, your license will be suspended for five years. If you are charged for a third time within a five year period, your license will be revoked for five years and you will not get a limited permit to drive to work or school for the first two years.
Administrative licensing hearing
You have an automatic right to an administrative licensing hearing but you must request the Department of Driving Services within ten days of your arrest for such hearing or else your will loose this right. The ten days are counted from the first business day after your arrest. At an administrative licensing hearing, an officer will determine whether to suspend or revoke your license. The hearing generally takes places about 60 days after your arrest. You must present all your evidence during the hearing. You can also cross examine the officer who arrested you. If you have been arrested for DUI, contact an experienced Georgia DUI attorney to schedule an administrative hearing for you. The attorney can represent you at the hearing and convince the officer not to revoke or suspend your license.
Driving with an open container of alcohol
It is illegal to drive with an open container of alcohol in Georgia. This Georgia law is the result of a federal law that allowed the federal government to withhold highway funds if the states didn’t have open container laws that met certain criteria. For the purpose of this law, the container will be considered open if the seal has been broken, it’s actually open or some portion of the original contents has been removed. A alcoholic beverage is one that contains half of one percent or more alcohol by volume. If convicted, you will accumulate two points on your license.
Boating Under the Influence
Like driving under the influence, boating under the influence is a serious criminal offense. The fact that boats do not have brakes makes it more dangerous. BUI penalties are similar to DUI penalties. A BUI conviction with be treated as a prior DUI conviction if you are charged with DUI later.
Minors and Alcohol
Legal limit
If charged with DUI, a driver under 21 must plead guilty or not guilty. The driver cannot offer a no contest to a DUI charge. If the blood alcohol level is .02 grams or more, a driver under 21 will be considered driving under influence. If convicted, the license is suspended for six month. If the blood alcohol level is .08 grams or more, the license is suspended for 12 months. To get a new license, the minor must retake the driving test all over again.
Loosing license for buying alcohol
In Georgia, a minor’s license will be suspended if the minor pleads guilty or is convicted for the charge of purchasing alcohol. First time offenders will have their license suspended for six months. A second conviction will result in a 12-month suspension. If a minor is charged with an attempt to buy alcohol, the license is suspended for six months but the minor can avoid the suspension by pleading no contest. Second conviction will result in a 12-month suspension. Besides suspension of license, there are fines and probations. In Georgia, a minor who misrepresents his or her age to buy alcohol will have to face fines and probation in addition to a six month license suspension. A minor who possesses alcohol can be subject to fines and probation. If he or she was driving a car at the time, the charge carries a license suspension of four months in addition to the fines and probation.
Providing a minor with alcohol
It is illegal to provide a minor with alcohol in Georgia. You could be sentenced to as long as 12 months in prison and a fine of $1000.
If you or a loved one are accused, suspected, or charged with committing a criminal offense in Georgia, then you should contact an attorney immediately to protect your rights.
Our DUI attorneys are based in Savannah GA – Georgia. Our lawyers help clients in Savannah, Richmond Hill, Coastal Empire, Hinesville, Tybee Island, Bloomingdale, Isle of Hope, Port Wentworth, Pooler, Garden City, Pembroke, Darien, Brunswick, Statesboro, Valdosta, Waynesboro and Wrightsville, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, and Jesup charged with driving law violations.
Our attorneys also handle cases in Chatham County, Bryan County, Glynn County, McIntosh County, Liberty County, Long County, Evans County, Bulloch County, Effingham County and Toombs County, or at military bases like Fort Stewart Army Base and Hunter Army Airfield contact us. We can help you fight the DUI charge. Call (phone).
