DUI in Georgia Over the Holiday Season

Posted by Richard Lawson | Dec 28, 2020 | 0 Comments

Capitol Building

Atlanta, Ga. – As a Georgia DUI Lawyer, I find it important to explain how likely it is for increases in DUI arrests over the holiday season.

Now, 2020 has been a strange year for all us. However, this does not mean that DUI arrests have gone down by any means. DUI arrest numbers have actually stayed the same if not increased. Patrol units are still on the lookout for any drivers who are exhibiting signs that they may be under the influence.

The holidays typically put more drivers on the roadways in the state of Georgia. This increase in drivers as well as holiday celebrations means more chances that drivers are either also driving under the influence or more likely to break minor traffic laws that can lead to a Georgia DUI Investigation.

In today's post, I will outline the law behind the offense of DUI in Georgia so as to provide more clarity as to what constitutes driving under the influence in our state.

DUI in Georgia

The Georgia Code outlines the law surrounding DUI in O.C.G.A. §40-6-391. The law is as follows:

(a) 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.

Practice Note

Georgia DUI Laws are complicated and cover an array of impairment. This is why if you or a loved one has been arrested for DUI, it is of the utmost importance that you contact an attorney who specializes in DUI offenses.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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