DRIVING UNDER THE INFLUENCE
DUI Less Safe
Most people believe you have to have the a .08 blood alcohol level in order to be convicted of DUI. However Georgia law provides that if you test .05 or less, a jury or trier of fact may infer that you are not a less safe driver. However, if the government can show through proper evidence that you were indeed a less safe driver, you could be convicted for DUI at any alcohol level. Those who are arrested for DUI and refuse the breath test will be charged with a less safe DUI. The State will be required to prove that the motorists’ ability to drive is affected to the extent that it has made them a less safe driver. Just because the State can’t prove you are over the legal limit, it does not mean that can’t charge you with a DUI
DUI Per Se
If you blow into the Georgia Intoxilyzer 5000 machine and register above the legal limit for your classification, you will be charged with DUI “per se.” You may also be charged with DUI per se when you drive with a prohibited substance in your system such as marijuana metabolites or other illegal drugs. You can also be charged if you have more than the prescribed amount of your own medications in your system. DUI’s involving prescription drugs are becoming more and more common with each passing day.
If you are over the age of twenty-one (21), you will be charged with DUI per se if you register .08 grams of alcohol or more on the Intoxilyzer or on a blood test.
Under 21
If you are under twenty-one (21) years of age, an alcohol reading of .02 will earn you a “per se” charge under the DUI statute. Enhanced license suspension penalties apply to this “zero tolerance” law despite scientific evidence that a .02 level has little or no effect on one’s ability to drive. It is critically important to hire a DUI attorney with the knowledge and experience to help “under 21” motorists save their privilege to drive.
Commercial Drivers
If you were operating a commercial vehicle when you were stopped and your blood alcohol level was .04, then you are “per se” in violation of the DUI statute. Although no commercial driver should ever consume alcohol, even the government studies show that such a low level has little or no effect on a driver safety. Worse yet, the Intoxilyzer 5000 machine is inaccurate at testing such a nearly imperceptible alcohol level, and the Georgia does not check the Georgia Intoxilyzer 5000 for calibration at such a low level.
The 10 Day Rule
After you bond out of jail, you must act immediately to save your driver’s license. The officer and Department of Driver Services (DDS) will suspend your driver’s license immediately under the following circumstances:
You must act quickly to save your driver’s license. You only have ten business days from the date of your arrest to appeal to this suspension. Our appeal letter stays the administrative suspension, and you may continue driving until you receive a hearing from the Office of State Administrative Hearings (OSAH). Approximately thirty days after DDS receives our appeal letter, OSAH will schedule an administrative hearing. After this hearing, the administrative judge will decide whether to suspend your license.
DUI Less Safe
Most people believe you have to have the a .08 blood alcohol level in order to be convicted of DUI. However Georgia law provides that if you test .05 or less, a jury or trier of fact may infer that you are not a less safe driver. However, if the government can show through proper evidence that you were indeed a less safe driver, you could be convicted for DUI at any alcohol level. Those who are arrested for DUI and refuse the breath test will be charged with a less safe DUI. The State will be required to prove that the motorists’ ability to drive is affected to the extent that it has made them a less safe driver. Just because the State can’t prove you are over the legal limit, it does not mean that can’t charge you with a DUI
DUI Per Se
If you blow into the Georgia Intoxilyzer 5000 machine and register above the legal limit for your classification, you will be charged with DUI “per se.” You may also be charged with DUI per se when you drive with a prohibited substance in your system such as marijuana metabolites or other illegal drugs. You can also be charged if you have more than the prescribed amount of your own medications in your system. DUI’s involving prescription drugs are becoming more and more common with each passing day.
If you are over the age of twenty-one (21), you will be charged with DUI per se if you register .08 grams of alcohol or more on the Intoxilyzer or on a blood test.
Under 21
If you are under twenty-one (21) years of age, an alcohol reading of .02 will earn you a “per se” charge under the DUI statute. Enhanced license suspension penalties apply to this “zero tolerance” law despite scientific evidence that a .02 level has little or no effect on one’s ability to drive. It is critically important to hire a DUI attorney with the knowledge and experience to help “under 21” motorists save their privilege to drive.
Commercial Drivers
If you were operating a commercial vehicle when you were stopped and your blood alcohol level was .04, then you are “per se” in violation of the DUI statute. Although no commercial driver should ever consume alcohol, even the government studies show that such a low level has little or no effect on a driver safety. Worse yet, the Intoxilyzer 5000 machine is inaccurate at testing such a nearly imperceptible alcohol level, and the Georgia does not check the Georgia Intoxilyzer 5000 for calibration at such a low level.
The 10 Day Rule
After you bond out of jail, you must act immediately to save your driver’s license. The officer and Department of Driver Services (DDS) will suspend your driver’s license immediately under the following circumstances:
- If you refuse to take the State’s breath, blood, or urine test.
- If you are 21 years old or older and your alcohol level exceeds .08% on breath test.
- If you are under 21 years old and your alcohol level exceeds .02% on the breath test.
- If you are driving a commercial vehicle and your alcohol level exceeds .04% on the breath test.
You must act quickly to save your driver’s license. You only have ten business days from the date of your arrest to appeal to this suspension. Our appeal letter stays the administrative suspension, and you may continue driving until you receive a hearing from the Office of State Administrative Hearings (OSAH). Approximately thirty days after DDS receives our appeal letter, OSAH will schedule an administrative hearing. After this hearing, the administrative judge will decide whether to suspend your license.
