According to reports out of Spalding County, a local county commissioner's DUI arrest has made the local news in Georgia. Reports show that police were brought to the scene when he blew out a tire. This led to a DUI investigation. The reality is that even though he has been accused of DUI does not mean that he is guilty of DUI. An arrest is not a conviction.
As a Georgia DUI Lawyer, I will do a deep dive into the law behind driving under the influence in the state of Georgia.
DUI Law in Georgia
DUI in Georgia is defined by Georgia Law 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 are strict and vary depending on the circumstances of the DUI case as well as the number of DUIs an accused person has been convicted of in their lifetime.
Even for a first DUI in Georgia, the penalties can include any of the following:
- 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
If you or a loved one has been arrested - call a Georgia DUI Attorney now.