Atlanta, Ga. - Police arrested a driver who they are accusing of causing a fatal accident as well as property damage to at least six other vehicles.
According to reports from Saturday, the driver was allegedly traveling at what has been described as “a high rate of speed” on Peachtree Road. This led to the rear ending of another vehicle which sent the vehicle off the roadway and into a nearby parking lot. The hit vehicle ended up striking five parked cars (all thankfully unoccupied). However, in the midst of the accident, the driver's vehicle also went off the roadway and hit a pedestrian who was on the sidewalk. The pedestrian was rushed to Grady Memorial Hospital and died later on in critical care.
The driver has been arrested on charges of:
- DUI in Georgia
- Vehicular Homicide in Georgia
- Failure to Maintain Lane in Georgia
- And Open Container in Georgia.
As a Georgia DUI Lawyer, I will actually be focusing on the law behind driving under the influence in today's post. Most people are unaware of just how extensive Georgia's laws are on DUI. However, we have some of the broadest as well as strictest DUI laws in the US. See below.
DUI Law in Georgia
DUI Law in Georgia is outlined in O.C.G.A. § 40-6-391. The first part of the law states that a person shall not “drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive.” This offense is commonly referred to as “DUI less safe.” This does not mean that the person must have actually committed any less safe act while driving, or that the law enforcement officer making the arrest actually saw the person drive a vehicle. An officer can use his observations during the DUI investigation to support this determination. During the investigation, the officer will be look for clues such as the admission of drinking, slurred speech, bloodshot eyes, fumbling, repeating questions or comments, the odor of alcohol on the person's breath, and providing incorrect or inconsistent answers. Field sobriety tests are often administered and are designed to assess the driver's mental and physical impairment.
The second part prohibits driving “under the influence of any drug to the extent that it is less safe for the person to drive.” Any amount of a contraband substance in your system constitutes DUI drugs, however, the State must also prove that the drug rendered you incapable of driving safely. If charged with driving under the influence of a prescription drug, having a prescription for the drug is not a defense to this charge. If the levels of the prescription drug in your system were within “therapeutic” levels, it can be argued that you were not actually “under the influence” of the drug.
The maximum penalty for a typical first DUI misdemeanor is 12 months in jail and a $1,000.00 fine plus court surcharges. The minimum penalty for a first DUI conviction within a 10 year period is 24 hours in jail, which may still be waived as time served, and a $300.00 fine. Other mandatory requirements are 40 hours community service, a DUI Risk Reduction course (commonly known as “DUI School”), and 12 months probation less any time served in jail, which may be supervised or potentially non-reporting and may allow for random drug and alcohol screening. An Alcohol and Drug Evaluation may be required, but can be waived by the judge at his or her discretion.
If you have been arrested for DUI in Georgia, call our offices now.