Two Types of DUI in Georgia: DUI Types, Cases & Regulations
The first step in protecting yourself is understanding the different types of DUI in Georgia. DUI types of course have a major bearing on the specific consequences you may be facing, and what your best course of action may be in defense. There are two types of DUI in Georgia.
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 DUI cases in Georgia 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.
When examining Georgia DUI types and cases, it’s important to realize that the State of Georgia has 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 of the two main types of DUI in Georgia is when 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 person 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.
Hopefully our guide has already been able to help you learn more about the different types of DUI in Georgia. Contact Atlanta DUI attorney W. Scott Smith for a free case evaluation today by calling 404.581.0999.
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