Best DUI Lawyers Atlanta, GA Of 2024 – Forbes Advisor – Forbes

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Georgia DUI laws are quite strict. Anyone convicted of a DUI will spend time in jail and pay hefty fines. Defendants facing these charges are unlikely to avoid harsh penalties without an Atlanta DUI lawyer assisting in their defense.

Legal Blood Alcohol Concentration (BAC) in Georgia

Blood alcohol concentration is how alcohol impairment is legally measured. It can be determined with a blood test if that test is administered within a reasonable time after the testee imbibed alcohol. If your blood alcohol concentration is 0.08 or higher, you can be charged with a DUI.

There are also situations where you can be charged with a lower BAC. If you are under 21 years old, then it is illegal to drive with a BAC of 0.02 or higher. Finally, if you are driving a commercial vehicle, driving with a BAC of 0.04 or higher is illegal.

Implied Consent Laws in Georgia

Implied consent is an agreement you made when you got a Georgia driver’s license. It states that if the police suspect you are driving under the influence, they can request that you take a chemical test to prove whether you are impaired and that you have already consented to that test.

Georgia has particularly tough implied consent laws. While you can refuse to take a chemical test, you don’t have the right to consult an attorney before making that decision. Furthermore, the police officer requesting the test can choose whether you take a blood, urine, or breath test. If you refuse to take the test, Georgia will suspend your license for one year, regardless of whether you were driving under the influence.

DUI Penalties in Georgia

Any DUI conviction in Georgia involves jail time, fines, and license revocation. The severity of these penalties depends on how often the defendant was convicted of a DUI within the previous 10 years.

First through third offenses are misdemeanors, while a fourth offense and beyond is charged as a felony. Additionally, while the license revocation on the third offense is officially permanent, drivers may petition to reinstate it as a restricted license after three years.

Finally, there are also increased penalties if there was a passenger in the car under the age of 14 or if the DUI resulted in an accident that injured or killed anyone. In both situations, the driver will be charged with a felony and face prison sentences rather than jail time. The maximum penalty for a DUI that causes a fatality is 15 years in jail and a $100,000 fine.

What to Expect After a DUI Arrest in Georgia

Once the officer determines they have probable cause to arrest you, they will take you to the police station for booking. According to Georgia law, you can only be held for six hours after booking before being released on bail. Once you are released, you will be issued an arraignment date (or one will be sent in the mail).

From the moment you are arrested, you have the right to remain silent and be represented by an attorney. You should protect yourself by taking advantage of both of these rights.

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