Georgia DUI Law
In 2008, the State of Georgia suffered nearly 1,500 traffic-related fatalities, 28 percent of them caused by a drunk driver. If you are pulled over for any reason and the officer has reason to believe that you are under the influence of alcohol, he has the right to administer field sobriety tests to determine whether you can safely drive.
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Roadside Breathalyzer Test
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In the State of Georgia, you will be considered legally drunk if your blood alcohol content is 0.08 or above. If you are suspected of drunk driving, the officer will administer a Breathalyzer test at the scene. The Breathalyzer is a small hand-held machine that measures the amount of ethanol in your breath with an infrared light. If you are suspected of drunk driving, the police officer who pulls you over will ask you to blow into this machine for a minute, by placing your mouth around the tube. When the officer instructs you to stop blowing, the Breathalyzer will give him your score.
Roadside Dexterity and Mental AcuityTest
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In addition to the Breathalyzer test, you may be asked to perform certain physical tasks to check your balance and thinking abilities. These can include reciting the alphabet, counting backwards, touching your finger to your nose with your eyes closed and balancing on one foot. These tests are particularly helpful to an officer if you are suspected of being under the influence of legal or illegal drugs. If you have any physical limitations that would prevent you from performing these actions at any time, it is important to inform the officer immediately.
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Punishment for First Offense
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Georgia has mandatory punishment guidelines for convicted drunk drivers, and they are severe. For your first offense you will be sentenced to 10 days to 1 years in jail, a fine of $300 to $1,000, a suspension of your license for up to 1 year and at least 40 hours of community service. To have your license reinstated you will have to pay at least $210.
These are the minimum penalties. If you are ever convicted of drunk driving again, the punishment becomes more serious and you will serve a long jail sentence.
Your Legal Rights
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If you are arrested for driving under the influence you have legal rights that you should be aware of. For instance, although the Breathalyzer test is admissible in a court of law, its results can be disputed. To do so, you will need to consult with an attorney that specializes in this area of law.
Most lawyers recommend that if you have been drinking too much and are asked to take roadside tests, you should refuse. You will be charged with refusing to cooperate, but the general consensus among Georgia lawyers is that it is easier to defend this charge than a drunk driving charge, and since your punishment is more severe the higher your alcohol level is, it is better to wait as long as possible to succumb to these tests.
Dangers of Drunk Driving
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Every year for the past 20 years, 17,000 innocent people were killed nationwide because of a drunk driver. Thousands more are crippled and disfigured. The victims include men, women, children and the elderly.
There is no safe limit of alcohol a person can drink and still drive safely, because every person's body reacts differently to drinking. This is due to height, weight, age and the amount of food that has been eaten.
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References
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- Photo Credit Georgia state contour with Capital City against blurred USA flag image by Stasys Eidiejus from Fotolia.com
