Key Factors to Consider When Facing DUI Charges in Georgia
When it comes to understanding and navigating the legal landscape of driving under the influence (DUI) in Georgia, it’s crucial to gain insights into the practical aspects of dealing with the state’s DUI laws. While this article is not legal advice, it aims to shed light on essential considerations for individuals facing DUI-related issues in the Peach State.
1. DUI Testing in Georgia: Breath vs. Blood
All states have a testing system in place to examine suspected impaired drivers for the presence of intoxicating substances in their blood. In Georgia, the two most common types of DUI tests are the breath test and the blood test. Among these, the breath test is often the preferred choice for law enforcement officers. They have ready access to the necessary equipment, making it a more convenient option.
A valid breath test result obtained using equipment maintained by law enforcement agencies can be admitted as evidence in court to establish the level of alcohol in a person’s bloodstream. It’s important to note that depending on the alcohol level detected, this test can lead to additional charges, such as “Driving with an Unlawful Alcohol Level,” which is a separate DUI offense.
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2. Refusing a DUI Test: Consequences
One of the most critical decisions individuals face when pulled over for suspicion of DUI is whether to submit to a DUI test, such as a breath or blood test. Refusing to take the test is a personal decision, but it carries significant consequences in Georgia.
A refusal to comply with a valid request for a breath or blood sample may trigger a driver’s license suspension process. This suspension can last for up to twelve months, affecting various aspects of an individual’s life, including work, daily commutes, and personal responsibilities.
3. Impaired Driving vs. Driving with Unlawful Alcohol Level
Understanding the distinction between impaired driving and driving with an unlawful alcohol level is vital when dealing with Georgia’s DUI laws. While impaired driving typically involves visible signs of intoxication, driving with an unlawful alcohol level can be charged solely based on the test results, even if no signs of impairment were observed during the arrest.
In Georgia, the presumed threshold for Driving with an Unlawful Alcohol Level starts at .08g%. This means that if your test result exceeds this limit, you can be charged with this offense, regardless of how you appeared to the arresting officer.
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4. Responsibility and Alternatives
In light of the potential legal consequences and complexities associated with Georgia’s DUI laws, the most responsible choice is to avoid drinking and driving altogether. If you plan to consume alcohol, it’s essential to arrange for alternative transportation that doesn’t require you to operate a motor vehicle.
Additionally, if you find yourself facing legal issues related to DUI in Georgia, it’s highly advisable to seek professional legal advice from an experienced attorney. A knowledgeable attorney can help protect your rights, provide guidance, and work towards the best possible outcome for your case.
In conclusion, dealing with Georgia’s DUI laws requires a clear understanding of the practical aspects involved, from the types of tests used to the potential consequences of refusing a test or being charged with driving with an unlawful alcohol level. Responsible choices and seeking legal guidance when needed are key steps in navigating these laws successfully and safeguarding your future.
For a free consultation, contact us at:
Roland R. Castellanos
Castellanos Law Group, LLC
166 Anderson Street | Suite 103
Marietta, GA 30060
Phone: (770) 841-4180
Fax: (770) 427-2855
rcastellanos1975@gmail.com
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