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Georgia Department of Public Safety Reports Over 250 DUI Arrests This Thanksgiving

Posted by Richard Lawson | Dec 02, 2020 | 0 Comments

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Atlanta, Ga. – With the end of the Thanksgiving Holiday period came statistics regarding drivers on Georgia roadways from the Department of Public Safety.

According to the department, over 6500 citations were issued along with over 250 DUI arrests. As a Georgia DUI Lawyer, I will outline DUI Law as it is written in the state of Georgia.

DUI Law in Georgia

DUI 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.

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense and Criminal Defense. As a former Prosecutor he knows both sides of your case. Put his experience to work for you. In DUI cases, you only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

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Georgia DUI Defense Attorneys

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!

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