What is a DUI?
There are many different ways that a driver can be charged with
DUI in the state of Georgia.
We begin with the premise that you must be driving or be in actual
physical control of a motor vehicle in order to be charged. Under
Georgia law, the offense can occur on public roads or on private
property. Being behind the wheel with the keys in the ignition and
the radio or heater on may be enough to qualify as "actual
physical control." The safest thing to do is to stay out from
behind the steering wheel if you have had anything to drink.
--------------------------------------------------------------------------------
Less safe offenses--It is a violation of Georgia law to be driving
or be in actual physical control of a motor vehicle while under
the influence of one or more of the following to the extent that
the person is "less safe."
- Alcohol
- Any drug (legal or illegal, but higher proof has traditionally
been required where legal prescribed drug is involved but a recent
case suggests that there is not a higher standard although the
language certainly seems to be different: "less safe to drive"
versus "incapable of driving safely.") .
- the intentional influence of any glue, aerosol, or other toxic
vapor ("huffing")
--------------------------------------------------------------------------------
Per Se Offenses--There are several per se offenses in Georgia.
- It is a violation of Georgia law to have an alcohol concentration
of 0.08 (0.10 before July 1, 2001) grams percent or more within
three hours of driving or being in actual physical control of
a motor vehicle from alcohol consumed prior to or at the time
of driving.
- It is a violation of Georgia law to have an alcohol concentration
of 0.04 grams percent or more while driving or being in actual
physical control of a moving commercial motor vehicle.
- It is a violation of Georgia law to be under the age of 21 and
have an alcohol concentration of 0.02 grams percent or more within
three hours of driving or being in actual physical control of
a motor vehicle from alcohol consumed prior to or at the time
of driving.
- It is a violation of Georgia law to have present in the person's
blood or urine any marijuana or controlled substance, including
any metabolites or derivatives, whether or not there is any alcohol
usage. However, the portion of the statute dealing with marijuana
has been declared unconstitutional. It is currently unsettled
as to whether other "controlled substances" also fall
afoul of the equal protection clause.
--------------------------------------------------------------------------------
Additional Offenses--There is one additional DUI offense in Georgia
- It is a separate and non-merging offense to commit a DUI offense
(as otherwise defined above) while transporting a child under
the age of fourteen (14) years. This is usually referred to as
Endangering a Child by DUI. However, the Department of Motor Vehicle
Safety, and its predecessor agency, do not seem to treat this
as a separate DUI offense for many purposes.
--------------------------------------------------------------------------------
In evaluating alcohol test results, the following evidentiary inferences
may be considered by the judge or jury that hears your case:
- If the alcohol test shows the alcohol concentration is 0.05
grams percent or less, it may be inferred that the person is not
under the influence of alcohol
- If the alcohol test shows the alcohol concentration is in excess
of 0.05 grams percent but less than 0.08 grams percent or less,
there is no inference as to whether the person is under the influence
of alcohol shall arise from the alcohol test result
- If the alcohol test shows the alcohol concentration is 0.08
grams percent or more, then it may be inferred that the person
is under the influence of alcohol.
- If the alcohol test shows the alcohol concentration is 0.08
grams percent or more, this is a per se violation as discussed
above if it is properly charged against you.
|
