Georgia DUI Law
New CDL Rules are Here
Driving Under the Influence is a serious charge. In Georgia, it can
arise out of an alleged use of alcohol, drugs (legal or illegal),
inhalants, or any combination thereof.
In Georgia, every driver is presumed to have consented to a test
of their blood, breath or urine upon request. Drivers are still
entitled to an implied consent warning upon an officer requesting
that they submit to such a test or tests. This warning must be given
according to a statutorily mandated wording. Failure to comply with
the request for testing can result in the suspension of a driver's
license or privilege to drive in the state.
Often the officer will fail to comply with the requirements of
the implied consent warning, proper testing procedures, Miranda
warnings, field sobriety testing or other matters. It is a DUI lawyer's
task to identify these deficiencies and attempt to turn them to
your advantage.
Georgia has not distinguished itself in the procedures or equipment
it has selected to conduct its alcohol chemical testing. Over the
past ten years, the procedures that would insure the proper administration
of chemical testing have been lessened or eliminated. The equipment
has not been subjected to appropriate calibrations or maintenance
or scientific oversight.
It's important to know what to do if you are arrested for DUI.
These are our suggestions.
If you need representation in Georgia, fill out our online
case evaluation and we'll give you a free on-line evaluation
of your case. Please note this is for Georgia DUI's only.
New CDL Rules
The Federal Motor Carrier Safety Act regulations will require all
states to adopt regulations to make the following changes or face
loss of highway funding.
Georgia has made the changes. A CDL driver will face loss of CDL
status whether a DUI occurs in a commercial or a non-commercial
vehicle.
A first DUI after October 1, 2003, will result in a one-year hard
suspension of the CDL.
A second or subsequent DUI within five years which occurs after
October 1, 2003, will result in a lifetime ban as a CDL licensee.
Consider carefully before pleading to a DUI if you are a CDL driver
or will be seeking a CDL in the future.
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