Understanding a DUI Citation
What are these other DUI charges on my DUI Citation or Court Notice?
By: Ryan Walsh, Esq.
I see it every time. Georgia State Patrol troopers arrest a prospective client of ours in the City of Atlanta for driving under the influence (DUI) of alcoh
Ryan Walsh is an Associate Attorney at the Law Office of W. Scott Smith
ol and their DUI citation reads “in violation of Official Code of Georgia Annotated (O.C.G.A.) §40-6-391(a)(1-5). Our prospective client then receives a court notice from the Municipal Court of Atlanta after their first court appearance that lists each of the separate DUI code sections from (a)(1) through (a)(5). They appear as follows:
O.C.G.A. §40-6-391(a)(1) – DUI Alcohol Less Safe
O.C.G.A. §40-6-391(a)(2) – DUI Drugs
O.C.G.A. §40-6-391(a)(3) – DUI Multiple Substances
O.C.G.A. §40-6-391(a)(4) – DUI Inhalants
O.C.G.A. §40-6-391(a)(5) – DUI Alcohol Per Se (Test over .08)
Only O.C.G.A. code sections 40-6-391(a)(1) and 40-6-391 (a)(5) relate solely to alcohol involved DUI arrests. The other three code sections relate to DUIs involving non-alcohol related substances, or a combination of drugs and alcohol. So why are you charged with these other offenses when they played no part in your arrest? The answer is: the Georgia State Patrol Nighthawks division, also known as the State Patrol DUI Task Force writes a citation for DUI the same way every time they make an Atlanta DUI arrest. Their citation includes each and every DUI code section.
But a citation is just a charging document. A charging document (like a citation, or more formally an accusation or indictment) presents charges the solicitor can move forward on. The solicitor then looks at the evidence and decides what charges best fit each individual situation. In the majority of all DUI cases, these are just the alcohol related code sections. In other DUI cases it may just be a Drugs case. Very rarely do we see DUI multiple substances or DUI inhalants cases.
Because you may have been overcharged in your case by a Georgia State Patrol Trooper, it is important to consult with an experienced Georgia DUI attorney. The attorneys at W. Scott Smith PC are knowledgeable in each and every subsection of the DUI code, and effectively advise you on the strengths of your case. Call us today at 404-581-0999.
