Georgia Drunk Driving Laws

GA DUI laws

DUI - Drunk Driving Defined

Under Georgia laws, "drunk driving" or "driving under influence" is defined as having actual physical control of a moving vehicle while under influence of alcohol or drugs. The lack of control - or impairment or impaired driving, as it is frequently termed - must be to such an extent that it is less than safe for the person to be driving. There is however an exception explained at "per se drunk."

For the purposes of Georgia law, "drugs" include prescription drugs that impair or are taken to the extent that they impair, glue, gas, aerosol or other intoxicants or toxic vapors, as well as illegal drugs such as marijuana (even if it is medication taken by prescription).

In a Court of law, an impairment must be proven. In most instances, a police officer will offer evidence to suggest to the Court that you were impaired - that is, unable to keep control and command of the motor vehicle.

drunk per se

A DUI arrest is not a conviction. It is an accusation. We stand ready to defend you when you have been accused. Call us today at: 1-877-537-2368

"Per se" means that the evidence is enough to prove the allegation. Under Georgia law, a person is "drunk per se" if a blood alcohol content (BAC) test shows that the level of alcohol in the person's bloodstream is at or above .08 within three hours of having been in control of a vehicle. If the test results can substantiate a "drunk per se" conviction, the prosecution need not show that the driver was impaired.

In State of Georgia v. D. M., the judge excluded the breath test results because the officer violated the Defendant's rights. Jury found Defendant not guilty of DUI.

Child Endangerment while driving under influence

Under Georgia law, a person who is arrested for driving under influence (a DUI) with a minor child under 14 years of age in the vehicle can be charged with a separate offence, "Endangering A Child." If convicted of both offenses, the Court will sentence the convicted person for the endangerment of a child crime separately from the DUI. Under Georgia law, the two charges - a DUI and Endangering A Child (while driving under influence) cannot be merged.

Commercial Driver's License - CDL

Under Georgia law, it is illegal to drive or have control over a moving commercial motorized vehicle with a blood alcohol content (BAC) of .04 or higher.

Pilot's Aircraft License - FAA & state Regulate

Pilots, co-pilots, and members of the flight crew are subject to both Federal law and State of Georgia law. Under the Federal Aviation Administration Regulations, a pilot, co-pilot and flight crew are subject to commercial restrictions of the amount of alcohol that they may have in their bloodstream. Under the latest FAA Regulations, which are subject to change, the legal limit is .04.

However, commercial airlines may (and do) impose stricter restraints, and most prohibit a pilot, co-pilot, or any member of the flight crew from having any trace of alcohol in their bloodstream, or from being a member of the flight crew if they have consumed alcohol within the previous 24 hours of flight.

free initial consultation

If you have been arrested for driving while under the influence, a DUI, or any other drunk driving related offense, please contact Hawkins DUI Law Firm right away for a free consultation.

Phone: (770) 685-6400
Toll Free: 1-877-537-2368

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