Driving Under the Influence DUI (O.C.G.A. § 40-6-391)

Have you been charged with DUI? Did the officer charge you with a DUI under Alcohol, Drugs, Prescription medication, marijuana, Violation of Controlled Substances Act (V.G.C.S.A.)?

A DUI charge is one of the most heavily used and frequently received charges in the State of Georgia. Many people receive this charge who have never been in trouble. This charge is also the most inadequately represented charge in criminal law for clients. A Criminal Defense Attorney MUST have Proper training to assure that the client receives the representation for which they are not only looking but for which they are paying. That is why you need to find a Lawyer who has the proper training to help you. If handled improperly, this charge can affect your license, your criminal history, time in jail, community representation and many other issues with your life.

Any charge involving Driving Under the Influence requires that the driver of a vehicle be under the influence of alcohol, drugs or some other substance while in control of the car (or motor vehicle).

The most typical, and frequently used, charge for Driving Under the Influense is alcohol. The State of Georgia and legislature refers to two charges for Alcohol and they are commonly called DUI PER SE (O.C.G.A. § 40-6-391(A)(1)) and DUI LESS SAFE (O.C.G.A. § 40-6-391 (A)(5)). The simple difference between these two charges involves whether or not the breath test that the officer “asks for” is either over .08 Blood Alcohol Concentration (BAC) or under .08 Blood Alcohol Concentration (BAC) or deemed a refusal. Should the driver refuse to submit to either a portable breath test or intoxilyzer at the police station house (most often at the jail), the officer will treat the charges as a less safe and rely on their observations noted in their report to support the charges.

The observations that the officer notes, or writes, in his report is referred to as Standardized Field Sobriety Testing (Standardized Field Sobriety Training, or SFST’s). These tests comprise a battery of testing to evaluate drivers and are taught by properly qualified and trained instructors certified by the National Highway Traffic and Safety Association (NHTSA) to the officers. Some officers receive what is called “wet training” at the Georgia Public Training Safety Center (or GPSTC) which is usually comprised of several days, while others only get a 4 hour class at their local police training academy. This is just another reason that clients need a experienced Attorney to help them. Without a experienced Lawyer, the client would not be able to properly defend against an officer who has not had the proper training and has made errors in the officers DUI evaluation of the client.

Whenever someone is arrested for Driving Under the Influence, the officer is required by law to arrest them and retain their drivers license. The officer then issues what is commonly referred to as a DDS 1205 form. This form is the officers notice to the driver of the officers intention to suspend the driver’s privileges to operate a motor vehicle. The driver then has to write a 30 day response letter to stop the suspension.

For a free consultation and evaluation of your charges call our firm for defense by experienced Attorneys. Our Criminal Defense Lawyers have the knowledge and skills to assist you.

Just because you have been charged with a DUI does not mean that you have to accept guilt, it means you need to hire a experienced attorney to mount a proper defense for YOUR Driving Under the Influence charges.

Our offices have a 24 hour response line (404-445-8494) and someone is available to answer your call and help. Call us now for a free case evaluation.