There are six different ways in which a person can be charged with a DUI in Georgia. The most common type is when someone is under the influence of alcohol, but there are other reasons someone can be charged with a DUI. A DUI charge is generally considered a misdemeanor criminal offense, but it is important to understand the difference between each of the allegations.
DUI Less Safe Alcohol:
A person will be guilty of a DUI less safe when they drive a vehicle under the influence of alcohol to the extent that the alcohol made it less safe for that person to drive. A charge for a DUI less safe means that the prosecution does not have to prove that you were over the Georgia limit of .08 to convict you. In less safe cases, they must show that your ability to drive was less safe than it would have been if you were not under the influence of alcohol.
Per Se Driving Under the Influence of Alcohol:
A person commits a DUI per se when they operate a vehicle with a blood alcohol concentration (BAC) of 0.08 grams or more, within three hours of driving. It is also DUI Per Se when a person under the age of twenty-one operates a vehicle while having an alcohol concentration of 0.02 grams or more, within three hours of driving.
Less Safe Driving Under the Influence of Drugs:
A DUI less safe for being under the influence of drugs means that an individual was under the influence either an illegal or prescription drug to the extent that it was less safe for them to drive. Similarly to an alcohol-related DUI, the prosecution has to prove that the drugs affected someone's ability to safely drive a motor vehicle.
A person convicted of DUI Drugs in Georgia cannot get a permit to drive and will suffer a hard suspension of their license.
DUI for Glue, Aerosols, or Toxic Vapors:
Another way to receive a DUI is by being under the influence of glue, aerosols, or toxic vapors. This type of DUI, while not as common as other variations of DUI, can have serious consequences.
A person convicted of DUI Intoxicants cannot get a permit to drive and will suffer a hard suspension of their license.
DUI for Marijuana or a Controlled Substance:
Even though there is a statute for a DUI for using drugs, Georgia has a separate statute when the drug is marijuana or another controlled substance. A suspect who has any amount of marijuana or other controlled substance in their system can be charged with a DUI. However, the prosecution still must prove that the controlled substance caused you to be an unsafe driver.
DUI for Combined Influence of Two or More Specific Drugs:
A person can also be charged with a DUI when they are under the influence of a combination of things. It could be alcohol with drugs, alcohol with glue or aerosol, or alcohol with a prescription drug. Even if the person's BAC is under .08, evidence of multiple drugs in their system will be sufficient to be charged with a DUI.
If you have questions about DUI's or have been charged with a DUI, our office is here for you! We have decades of experience in defending DUI cases, and we have helped countless drivers get their charges reduced or dismissed. It is vital to your case that you hire an experienced Georgia DUI Defense Attorney. Contact our offices today to set up a free case evaluation.