Georgia DUI Rules
A DUI means a driver is driving under the influence. DUIs can be referred to as DWI, driving while intoxicated; OUI, operating under the influence; or OMVI, operating a motor vehicle while intoxicated. It is a criminal offense for a driver to operate a car, a truck or another motor vehicle when alcohol or another substance has compromised his ability to drive the vehicle.
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Types of DUI Cases
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In Georgia, there are two types of DUI cases, Less Safe or Per Se, which means unlawful level violations. For those drivers charged with a less safe DUI, the prosecuting witness must prove that the driver was under the influence of alcohol or drugs. An officer usually makes his case by testifying as to the physical manifestation the driver exhibits, such as bloodshot glassy eyes, slurred speech or the odor of alcohol. With the per se DUI case, the driver must have an unlawful blood alcohol concentration or any amount of contraband drugs in her system.
Blood Alcohol Concentration Limits
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In Georgia, the legal blood alcohol concentration limit is 0.08 percent. However, anyone driving with a 0.05 blood alcohol concentration in Georgia can be convicted of a criminal offense. All the Georgia police officer has to do is establish that the driver with a 0.05 blood alcohol concentration was operating her vehicle perilously. In Georgia, it is illegal for a driver under the legal drinking age of 21 to have a 0.02 blood alcohol concentration.
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Time Frame of a DUI Conviction
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Anyone who is convicted of or pleads guilty to a DUI in Georgia will have the DUI on his driving record permanently. It is a misconception that a DUI conviction in Georgia falls off a person's driving record in five years. The conviction never falls off a person's driving record. In addition, a DUI conviction, a guilty plea or a nolo contendere plea is reported to the Georgia Department of Public Safety, which, in turn, reports it to the National Driver's License Registry.
Drug Substances
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It is a misconception to believe that a DUI includes only alcoholic substances. A DUI includes both alcoholic and drug substances. Illegal drugs are not the only drugs under the influence of which a person cannot be when driving. A driver cannot be above regulated levels of over-the-counter drugs such as antihistamines, or prescription drugs and pain killers.
Penalties
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A driver in Georgia who is convicted of three DUIs within a five-year period can face a fine, jail time or both. The fine for the third conviction can range between $1,000 and $5,000 plus statutory surcharges. The driver can face 120 days to 12 months in jail, with a total of 15 days being suspended, stayed or probated. Those drivers 21 and over with a third DUI conviction within a five-year period are considered habitual violators, and their license will be revoked for five years.
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