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Two Types of DUI
ATLANTA DUI ATTORNEY
Two Types of DUI
There are 2 Types of DUI. In a standard Atlanta
DUI case, the State must prove that the individual
driving was an unsafe driver because of alcohol
or an illegal substance. These types of cases
in Atlanta can be engaged even if blood, breath,
or a urine test does not find alcohol content.
There is no test result if someone refuses the
test.
When someone has taken a breath, urine,
or blood test, the State will try to bring in
the evidence of the test result. In order to
help the prosecutor to prove “less than safe”
driving, legislature passed a law that allows
prosecutors to take advantage of legal implication
about any alcohol level if they can prove it in
court. A change in the wording of this law may
have gotten rid of that ‘implication’,
which gave prosecutors an advantage in trial.
The state of Georgia also brought other inferences
on the law, including this fact: people who have
a BAC (blood-alcohol content) of .05 or less
are presumed not to be impaired by alcohol. This
is why it is essential to obtain the services
of an experienced Atlanta DUI attorney. A top
Atlanta DUI attorney understands how to watch
out for your best interests.
The second way the State can try to prove DUI
cases in Atlanta where there is a test result
over the valid legal limit is referred to by an
Atlanta DUI attorney as the ‘per se’
DUI alcohol offense. This would be better described
as having an unlawful blood alcohol level while
driving. To prove this kind of alcohol-DUI, the
state doesn’t have to prove an ‘unsafe’
driving or any ‘intoxicated’ condition.
This DUI offense is committed by having a prohibited
BAC and operating a vehicle. For people charged
under paragraph five of subsection A of the Driving
Under the Influence (DUI) law (adult standard)
the forbidden level is eight tenths (.08) grams
percent or more. Previous to July 1, 2001, the
standard for adults was .1 grams percent or more.
The police must take a DUI alcohol test within
3 hours of operating a vehicle when the alcohol
in the individual’s system was taken in
before they stopped driving according to all per
se calculations.
More DUI Information:
Anatomy of
a DUI case in Atlanta
Anatomy
of a DUI case in Georgia
Nystagmus
Implied
Consent Attorney
Atlanta DUI Rights
DUI Glossary
Alcohol Impairment Chart
MADD
Victim Impact Panels
Tips for Hiring an Atlanta DUI Attorney
The Initial Interview with an Atlanta DUI Attorney
Community
Service Verification form
Temporary Permit/License
Reinstatement
DUI Offenses:
First
Atlanta DUI Offense
Second
Atlanta DUI Offense
Third
Atlanta DUI Offense
Drug Crime
Drug Crime Penalties
Criminal Defense
Our DUI Law offices are
located at:
2060 Equitable Building
100 Peachtree Street
Atlanta, Georgia 30303
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