Atlanta police arrested a man early this morning after he was accused of driving under the influence and crashing into the front of a gas station in Midtown.
News choppers captured footage of the man's vehicle partially inside of the station's food mart. He was arrested and charged with reckless driving and DUI.
As a Georgia DUI Lawyer, I will outline the law behind driving under the influence as it is defined by Georgia Law.
Driving Under the Influence in Georgia
Driving under the influence in Georgia is defined by the Georgia Code in O.C.G.A. §40-6-391 as:
A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;
(5) The person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.
Georgia DUI Penalties should not be taken lightly. Even for a first DUI conviction in Georgia, the following penalties can apply:
- 12 months of probation
- A minimum fine of $300 plus court costs and surcharges
- Between 1 - 10 days in jail, which many times can be waived
- At least 40 hours of community service
- Substance abuse counseling
- Attendance of the DUI Risk Reduction School (commonly referred to as DUI School)
- Attendance of a Madd Mothers Victim Impact Panel
- Drivers License Suspension, with a limited permit to drive