Being arrested for a DUI can be a harrowing and unsettling experience. Arming yourself with knowledge about DUI can help minimize the emotional discomfort and trauma. At the law firm of Attorney Charles L. Webb Inc. we firmly believe in the adage that "knowledge is power." We have compiled some useful information regarding applicable laws and rights, what is going to happen to you in terms of the legal process, and frequently asked questions about DUI. We encourage you to peruse it. If you have any questions, please contact us. An arrest on DUI charges does not necessarily constitute loss of your license and driving privileges, astronomical fines or imprisonment. Contact us to learn how we can retain your license, mitigate your fines or jail time, or even successfully defend and win your case. If you scored a 0.08 or higher on your BAC test or you refused to take the test, you have only 10 days to request a special hearing. Failure to do so will result in a 1-year suspension of your license.
More Americans are charged with driving under the influence (DUI) each year than any other crime. As such, DUI law is a highly specialized area of legal expertise. If you've been charged with a DUI in Georgia, you need more than just a criminal defense Attorney —you need the best DUI lawyer you can find. You'll find the best DUI legal representation at the law firm of Attorney Charles L. Webb Inc. The law firm of Attorney Charles L. Webb Inc. has successfully won DUI cases. They work to ensure our clients understand Georgia DUI law so they can understand the charges against them and the best case against their DUI. A Quick Summary of Georgia DUI Law is listed below;
Although several parts of the Georgia Code pertain to DUI cases, the main DUI statute is found in O.C.G.A. Section 40-6-391. If you are charged with DUI, you will be charged with violating subsections (a) (1,2,3,4,5, or 6) of Georgia DUI Code 40-6-391. Lawyers identify subsections (a) (1-4) as "less safe" violations, and (a) (5-6) as "per se" or "unlawful level" violations.
( O.C.G.A. DUI Section 40-6-391, Subsections (a) 1, 2, 3 and 4) In Georgia , if you are charged as a "less safe" driver, the prosecuting witness will have to prove that you are driving under the influence ( DUI ) of alcohol, drugs, glue or a combination of same to the extent that you are less safe to drive as a result of such consumption. The officer typically makes his DUI case by testifying as to any physical manifestation you exhibit (e.g. odor of alcohol, bloodshot glassy eyes, unsteady on your feet, slurred speech), or by any unsafe driving maneuver.
( O.C.G.A. DUI Section 40-6-391, Subsections (a) 5 and 6) To be charged in Georgia with a "per se" DUI violation, you either must have an unlawful blood alcohol level (see below for limits) or any illegal drugs. Keep in mind that the prosecuting witness would not have to prove that you were a less safe driver. He would only have to prove that you had either an unlawful blood alcohol level or any amount of contraband drugs in your system. Remember, in Georgia, a DUI does not necessarily constitute loss of your license and driving privileges, astronomical fines or imprisonment. Call 770-455-1350 to find out how to retain your license, mitigate fines or jail time or even successfully defend and win your DUI case.
Most people believe that you have to have a 0.08 blood alcohol level in order to be convicted of DUI. Nothing could be further from the truth. Georgia DUI law provides that if you test 0.05 or less, then a jury may infer that you were or were not driving under the influence (DUI). However, if the prosecutor can show through proper evidence that you indeed were a less safe driver, then you could be convicted with a DUI in Georgia.
In Georgia , if you are under 21 years of age, an alcohol reading of 0.02 is a "per se" violation of the DUI statute. Teenage or underage drivers are dealt with in more detail here.
If you are 21 years of age or older and test 0.08, then you are "per se" in violation of the Georgia DUI statute.
If you were operating a commercial vehicle when you were stopped and your blood alcohol level is 0.04, then you are "per se" in violation of Georgia DUI statute.
In order for you to be found guilty of a "per se" DUI violation in Georgia, the prosecutor must first be able to present your reading as evidence. If the reading is allowed as evidence and if the jury believes the reading to be accurate, no further evidence is required for a DUI conviction. If you have a good DUI lawyer, this is easier said than done.
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10 Day Rule - If you scored a 0.08 or higher, refused to take the test or were underage, you only have 10 days to file for a special hearing. Failure to do so will result in a 1-year suspension of your license.
Breath Test - Did you know you are not required to take a breath test? They list some things you should know before and after your arrest.
Female DUI Issues - Women are different than men, and respond to alcohol and situations in ways that police are not trained for.
Your rights may have already been violated!! Although the state of Georgia mandates that DUI suspects submit to a blood, breath or urine test, the state also mandates that law enforcement officers inform a subject beforehand of certain rights, including the right to independent testing at a hospital of your choice. An arresting officer's failure to properly provide notice of such rights is a basis for having the state's test results kept out of evidence at your trial. Furthermore, there are many additional rights that you still have. Expert representation can ensure that these rights --- and your rights as a driver ---are preserved and protected. Attorney Charles L. Webb and his team are dedicated to providing their clients with expert representation. It is our goal to keep you out of jail, minimize your fines, and retain your license and driving privileges. Contact Attorney Charles L. Webb at 770-455-135
At the law firm of Attorney Charles L. Webb Inc. they understand your concerns about your driving privileges, career, privacy, jail time and police record. They make it their commitment to provide the very best legal services available. They will do everything in their power to keep your license, minimize or eliminate jail time, fines, probation, and public exposure. We believe that you have the right to the very best attorney available. Attorney Charles L. Webb is that attorney. Please contact us now so that we can begin working on your case.