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Please call (678) 895-6039 today for a free, no obligation consultation with an experienced Georgia Driving Under the Influence Attorney. We would love to speak to you about the facts of your case and help you achieve the best result possible.
Driving Under the Influence
Driving under the Influence is one of the more serious traffic related offenses in Georgia. If you operate a motor vehicle while under the influence of alcohol, illicit or prescription drugs, or a combination of the two, you are putting yourself at risk of being charged with Driving Under the Influence. Because of the grave consequence of what could happen when you drive under the influence of a substance (the worst case is that you could kill someone or even yourself), judges and prosecutors take these cases very seriously.
In Georgia, you can be charged with a DUI “per se” if your blood alcohol concentration is over 0.08%. Alternatively, even if you have alcohol in your system but your blood alcohol concentration is less than 0.08%, you can still be found guilty of a DUI “less safe” if there some indication that the presence of alcohol in your system made it less safe for you to drive. For example, maybe you hit another vehicle or maybe you were violating another traffic law. All this can be used as evidence against you.
The consequences can be very harsh, especially if you are a repeat offender. However, even if it is a first offense, you will face the following pursuant to Georgia Code 40-6-391:
- A fine of not less than $300.00 and not more than $1,000.00;
- Jail time of not fewer than ten days nor more than 12 months, (this jail time may, at the sole discretion of the judge, be suspended, stayed, or probated, but if your blood alcohol level was 0.08 grams or more, you will get at least 24 hours in jail);
- 40 hours of community service;
- Completion of a DUI Alcohol or Drug Use Risk Reduction Program;
- Drug and Alcohol Screening/Evaluation and any recommended treatment; and
- Probation up to 12 months
Also, you can expect a 1 year administrative license suspension by the Georgia Department of Driver Services.
The penalties only get harsher if you are facing a second, third or greater Driving Under the Influence Charge.
Just because you are charged with Driving Under the Influence, that does not mean that you will necessarily be found guilty. The burden of proof is on the prosecutor to prove beyond a reasonable doubt that you were in fact driving under the influence. They still must prove that 1) You were in actual physical control of a moving vehicle while 2) Under the influence of alcohol (your blood concentration level was 0.08% or more) or some drug or substance, such that it made you less safe to operate a vehicle.
An experienced Georgia Driving Under the Influence Attorney can examine the facts and evidence of your case to determine if there are flaws in the state’s case. For example, perhaps the traffic stop that lead to a police officer issuing you a citation for Driving Under the Influence was flawed. If the officer did not legally stop you to begin with, then any evidence that followed may be suppressed. There are also instances when we can negotiate a reduced charge for you, such as reckless driving. We have had past success with accomplishing this outcome in many different jurisdictions.
To get a better understanding of how we can help you, contact us today at (678) 895-6039 to discuss your case with an experienced Georgia Driving Under the Influence Attorney.
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Call us today at (678) 895-6039 or email contact@anandlawfirm.com
Whether it is a speeding ticket, reckless driving, DUI or an illegal lane change that you have been ticket for we can help!
The Anand Law Firm, LLC
11555 Medlock Bridge Road
Suite 100
Johns Creek, GA 30097
Office: (678) 895-6039
Email: contact@anandlawfirm.com