| GEORGIA DUI - DRUNK DRIVING IN GA |
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Macon GA DUI - Drunk Driving Lawyer Our Macon attorneys handle the following Georgia DUI cases and vehicle offenses:
Driving Under the Influence - DUI Driving under influence refers to driving with your blood alcohol content above the legal limit or if you are under the influence of prescription or illegal drugs to such an extent that you are impaired. The police officer may initiate a DUI arrest when they stop you for any traffic violation if they smell alcohol or you appear to be under the influence. The officer must have seen you driving. To determine if you are under the influence, the officer will use various methods including a chemical or breath test, field sobriety tests, testing your reflexes and balance as a measure of how well you are able to operate a car. Blood Alcohol Level Blood Alcohol Level is the measurement of how much alcohol has been absorbed by the body. In Georgia driving with a blood alcohol level of .08 or above is considered under driving influence in Georgia. The permitted level for minor drivers is .02. For commercial drivers, the limit is .04. Anyone with a blood alcohol level of .15 or more may be subject to higher penalties. Blood alcohol content can be measured by a breathalyzer test, a urine sample or a blood sample. Factors like if anyone was hurt or killed, if a child was in the car and if you have prior DUI convictions play an important role in determining the penalty for driving under the influence. Generally the penalties include suspension of license for a period of time besides probation or prison term. You may also be required to pay fines and fees. To get your license back, you may have to take a defensive driving course and/or you perform community service. There may be other restrictions imposed on you including getting an ignition lock, forfeiture of tags to any cars title in your name, alcohol rehabilitation program, etc. Breathalyzer A breathalyzer is the device used by police officers to test a driver’s blood alcohol content. The Intoxilyzer 5000 is the most commonly used device in Georgia. The results although considered accurate can be affected by body temperature, electrical currents, breath sprays, and other conditions including the condition of the device and the officer’s training in using the device. The driver must blow into the device for a certain period of time for the device to generate a reading. People with pulmonary or other health conditions might have a problem trying to blow for the required time. You risk revocation or suspension of your license if you refuse to take a breathalyzer test. If you refuse, the police officer must read out to you an Implied Consent Form informing you about the consequences. Administrative License Suspension Form The Administrative License Suspension Form (Form 1205) is a complex form which you will receive from the officer who charges you with DUI. Failing to respond to the form within ten days can result in your rights being waived. You must request the Department of Driving Service for hearing with ten days or you could loose your right to appeal. You can loose your license for a year or more if you fail to request a hearing. An experience Georgia DUI attorney can help you if you have been handed a Administrative License Suspension Form. Getting back your license after DUI DUI generally results in suspension of license. You will lose your license for one year if it is your first time. If it is your second time within a five year period, your license will be suspended for five years. If you are charged for a third time within a five year period, your license will be revoked for five years and you will not get a limited permit to drive to work or school for the first two years. Administrative licensing hearing If you have been arrested for DUI, you must request the Department of Driving Services for an administrative licensing hearing within ten days of your arrest or you will loose your right to a hearing. The ten days start from the first business day after your arrest. The hearing is generally scheduled about 60 days after your arrests. Contact an experienced Georgia traffic attorney if you have been arrested for DUI. The attorney can request for a hearing and represent you at the hearing. The hearing is held before an officer. The officer will review the evidence you produce and determine whether or not to suspend or revoke your license. You will be given an opportunity to question the officer who arrested you. Based on the evidence you produce and your questioning, the officer will take a decision. Driving with an open container of alcohol Boating Under the Influence Boats do not have brakes. So boating under the influence is more dangerous. Boating under influence is a serious criminal offence and has the same penalties as DUI. If you are later charged with DUI, your prior BUI conviction will be treated as a prior DUI conviction. Vehicular homicide Feticide Feticide refers to the killing of a fetus or an unborn child. If you cause an accident that result in the death of a viable fetus, you will be charged for vehicular feticide. A fetus is considered viable if it is sufficiently developed to survive outside the womb, even if it must be hospitalized and cared for in a neonatal unit. If a serious traffic violation results in the accident causing the feticide, you will be charged with first degree feticide. If the accident is caused by a less serious traffic violation, you will be charged with second degree feticide. Penalties for feticide
Minors and Alcohol Legal limit If charged with DUI, a driver under 21 must plead guilty or not guilty. The driver cannot offer a no contest to a DUI charge. If the blood alcohol level is .02 grams or more, a driver under 21 will be considered driving under influence. If convicted, the license is suspended for six month. If the blood alcohol level is .08 grams or more, the license is suspended for 12 months. To get a new license, the minor must retake the driving test all over again. Loosing license for buying alcohol Under Georgia law, a minor convicted of purchasing alcohol will face fines and probation in addition to a six month license suspension. A second conviction will result in a 12 month license suspension. A minor charged with an attempt to buy alcohol can avoid the license suspension by pleading no contest for the first time. However the minor’s license will be suspended for 12 months on second conviction. It is illegal in Georgia for a minor to misrepresent his or her age to buy alcohol. This offense carries a six month license suspension in addition to fines and probation. A minor who possesses alcohol can be subject to fines and probation. If he or she was driving a car at the time, the charge carries a license suspension of four months in addition to the fines and probation. Providing a minor with alcohol It is illegal to provide a minor with alcohol in Georgia. You could be sentenced to as long as 12 months in prison and a fine of $1000. Protect Your Rights - Call a Macon GA Criminal Lawyer Now. Our DUI - drunk driving defense attorneys are based in Macon, Georgia – GA. From our Macon offices, we help clients in Macon, Warner Robins, Roberta, Forsyth, Byron-Centerville, Culloden, Fort Valley, Haddock, Jeffersonville, Lizella, Perry, Gray, Irwinton, Milledgeville and Vienna including Bibb County, Monroe County, Jones County, Crawford County, Peach County, Twiggs County, Baldwin County, Dooly County, Houston County and also Wesleyan College, Macon State College and Mercer University charged with DUI. If you are located in Macon GA area, then contact us if you have been charged with a DUI or alcohol related crime in Georgia. Call (phone). |