DUI
In Georgia, there are two ways you can be charged with DUI. The first way someone 21 years of age or older can be charged with DUI is to have a blood alcohol level of .08 or higher. The second way you can be charged with DUI is if the police and prosecutor can prove that, because you consumed alcohol, you were "less safe" to drive. Your blood alcohol level depends of several factors including your weight, how much you recently had to eat, the amount of alcohol in the beverages you consume, your body's ability to process the alcohol, etc. If the police test your blood alcohol level, and it registers .08, (approximately 3 drinks for a 160 pound male) the prosecution can use that evidence to convict you of DUI whether or not you were actually too drunk to safely drive your vehicle. However, there are methods an attorney can use to dispute the results of the test, or possibly keep them out of court entirely. If the prosecutor cannot prove that your blood alcohol level is .08 or higher, they can still pursue the "less safe" charge. For this charge, the police will testify to your performance in field sobriety tests or other evidence that you were too intoxicated to safely operate your vehicle. Again, there are ways an attorney can dispute this evidence and protect your rights.
The first 10 days after your arrest are critical because there are steps that your Attorney can take to help you keep your driver’s license. Under Georgia law, the State can administratively suspend your license 10 days after you are charged with DUI even before the police and prosecution prove that you were in fact driving drunk!
With offices in Northern Georgia, the Siemon Law Firm offers legal help to residents of Fulton and Forsyth County including Cumming, Alpharetta, North Atlanta, Gainesville, Roswell and Duluth, GA. Additionally, the firm offers representation in Florida courts. |