Florida Driver’s DUI Arrest Makes National Headlines

According to reports out of Florida, a driver called 911 to report another driver after seeing her sipping an alcoholic beverage and swerving on the road.

Police reported that she was driving much slower than the flow of traffic. When they pulled her over they described her as looking disheveled and that there was a strong odor of alcohol coming from her person.

First off - I am purposely not stating the woman's name although news outlets have broadcasted her name. Second off - most news stations used a previous DUI from 2010 to incriminate her - I also refuse to do that. The reality is that just because someone has a conviction on their record - does not mean that he or she is guilty of a current offense. The other reality is that no one should be assumed guilty before their day in court.

Although this incident occurred in Florida, I will outline the law behind driving under the influence in Georgia as I am a Georgia DUI Defense Lawyer.

DUI Law in Georgia

DUI in Georgia is defined 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.

We have some of the strictest DUI laws in the country here in Georgia. The potential penalties of even a first DUI in Georgia are huge. The penalties can include:

• 12 months of probation
• Fines of $300 - $1000
• 1-10 days in jail
• 40 hours of community service
• License suspension
• Alcohol and Drug Counseling
• Mandatory treatment
• DUI School

Practice Note

Call our office today if you or a loved one has been arrested. We can help now!