OVERVIEW

Being arrested for a DUI can be a harrowing and unsettling experience. Arming yourself with knowledge about DUI can help minimize the emotional discomfort and trauma.
At the law firm of Attorney Charles L. Webb Inc. we firmly believe in the adage that "knowledge is power." We have compiled some useful information regarding applicable laws and rights, what is going to happen to you in terms of the legal process, and frequently asked questions about DUI. We encourage you to peruse it. If you have any questions, please contact us.
An arrest on DUI charges does not necessarily constitute loss of your license and driving privileges, astronomical fines or imprisonment. Contact us to learn how we can retain your license, mitigate your fines or jail time, or even successfully defend and win your case.
If you scored a 0.08 or higher on your BAC test or you refused to take the test, you have only 10 days to request a special hearing.
Failure to do so will result in a 1-year suspension of your license.

LAWS

Georgia DUI Law

More Americans are charged with driving under the influence (DUI) each year than any other crime. As such, DUI law is a highly specialized area of legal expertise. If you've been charged with a DUI in Georgia, you need more than just a criminal defense Attorney —you need the best DUI lawyer you can find. You'll find the best DUI legal representation at the law firm of Attorney Charles L. Webb Inc.
The law firm of Attorney Charles L. Webb Inc. has successfully won DUI cases. We work to ensure our clients understand Georgia DUI law, so they can understand the charges against them. A Quick Summary of Georgia DUI Law is listed below;

A Quick Summary of Georgia DUI Law

Although several parts of the Georgia Code pertain to DUI cases, the main DUI statute is found in O.C.G.A. Section 40-6-391. If you are charged with DUI, you will be charged with violating subsections (a) (1,2,3,4,5, or 6) of Georgia DUI Code 40-6-391. Lawyers identify subsections (a) (1-4) as "less safe" violations, and (a) (5-6) as "per se" or "unlawful level" violations.

  • Less Safe Driver DUI Definition

    • ( O.C.G.A. DUI Section 40-6-391, Subsections (a) 1, 2, 3 and 4)
    In Georgia , if you are charged as a "less safe" driver, the prosecuting witness will have to prove that you are driving under the influence ( DUI ) of alcohol, drugs, glue or a combination of same to the extent that you are less safe to drive as a result of such consumption. The officer typically makes his DUI case by testifying as to any physical manifestation you exhibit (e.g. odor of alcohol, bloodshot glassy eyes, unsteady on your feet, slurred speech), or by any unsafe driving maneuver.

  • Per Se DUI Definition

    • ( O.C.G.A. DUI Section 40-6-391, Subsections (a) 5 and 6)
    To be charged in Georgia with a "per se" DUI violation, you either must have an unlawful blood alcohol level (see below for limits) or any illegal drugs. Keep in mind that the prosecuting witness would not have to prove that you were a less safe driver. He would only have to prove that you had either an unlawful blood alcohol level or any amount of contraband drugs in your system.
    Remember, in Georgia, a DUI does not necessarily constitute loss of your license and driving privileges, astronomical fines or imprisonment. Call 770-455-1350 to find out how to retain your license, mitigate fines or jail time or even successfully defend and win your DUI case.

    • Other key concepts in Georgia DUI Law;
    • Legal Blood Alcohol Limits in the State of Georgia

    Most people believe that you have to have a 0.08 blood alcohol level in order to be convicted of DUI. Nothing could be further from the truth. Georgia DUI law provides that if you test 0.05 or less, then a jury may infer that you were or were not driving under the influence (DUI). However, if the prosecutor can show through proper evidence that you indeed were a less safe driver, then you could be convicted with a DUI in Georgia.

  • Georgia DUI Under the Age of 21

    • In Georgia , if you are under 21 years of age, an alcohol reading of 0.02 is a "per se" violation of the DUI statute. Teenage or underage drivers are dealt with in more detail here.

  • Georgia DUI Over the Age of 21

    • If you are 21 years of age or older and test 0.08, then you are "per se" in violation of the Georgia DUI statute.

  • Operating Commercial Vehicles while DUI in Georgia

    • If you were operating a commercial vehicle when you were stopped and your blood alcohol level is 0.04, then you are "per se" in violation of Georgia DUI statute.

    Your Breath Test is not always Admissible in DUI Court!

    In order for you to be found guilty of a "per se" DUI violation in Georgia, the prosecutor must first be able to present your reading as evidence. If the reading is allowed as evidence and if the jury believes the reading to be accurate, no further evidence is required for a DUI conviction. If you have a good DUI lawyer, this is easier said than done.

    Call Attorney Charles L. Webb at 770-455-1350 for the best DUI consultation

    Park Ridge 85, 2900 Chamblee-Tucker Road, Building 1, Atlanta, Georgia 30341

    Hire an experienced DUI Attorney to determine if your Breath Test reading is admissible in court in the state of Georgia!

    10 Day Rule - If you scored a 0.08 or higher, refused to take the test or were underage, you only have 10 days to file for a special hearing.

    Breath Test - Did you know you are not required to take a breath test? They list some things you should know before and after your arrest.

    Female DUI Issues - Women are different than men, and respond to alcohol and situations in ways that police are not trained for.

    RIGHTS

    Your rights may have already been violated!!
    Although the state of Georgia mandates that DUI suspects submit to a blood, breath or urine test, the state also mandates that law enforcement officers inform a subject beforehand of certain rights, including the right to independent testing at a hospital of your choice. An arresting officer's failure to properly provide notice of such rights is a basis for having the state's test results kept out of evidence at your trial.
    Furthermore, there are many additional rights that you still have. Expert representation can ensure that these rights --- and your rights as a driver ---are preserved and protected.
    Attorney Charles L. Webb and his team are dedicated to providing their clients with expert representation. It is our goal to keep you out of jail, minimize your fines, and retain your license and driving privileges.
    Contact Attorney Charles L. Webb at 770-455-135

    FAQ

    WHAT ARE THE LEGAL LIMITS OF ALCOHOL IN GEORGIA?

  • A reading of 0.08 within 3 hours of driving is considered DUI if you are 21 or over.
  • A reading of 0.02 within 3 hours of driving is considered DUI if you are under 21.
  • A reading of 0.04 within 3 hours of driving is considered DUI if you are in a commercial vehicle.
  • The "less safe" provision of Georgia DUI statutes says that the State must prove alcohol and/or other intoxicants caused the driver to be less safe. Being at/over the limit of 0.08 raises the presumption of intoxication.

    • WHAT IF I HAVE A COMMERCIAL DRIVER'S LICENSE? (A CDL)

  • If you have a CDL, tested at 0.04 or above and were in a commercial vehicle, you are subject to the 10 Day Rule and must file an appeal to request a special hearing within 10 days to contest the suspension of your driver's license.
  • If you have a CDL, tested at 0.04 or above, and were driving a commercial vehicle, or tested at 0.08 or above and were driving a private vehicle, or refused to take the test, your CDL was probably suspended at the time of your arrest. This is because Federal Regulations require you to have your CDL physically with you when driving a commercial vehicle. If your CDL was taken by the law enforcement officer you may not drive a commercial vehicle until your CDL is in your possession. You may still be able to drive your personal vehicle, but should contact Attorney Charles L. Webb so we can ascertain the details of your suspension.

    • WHAT IS THE 10-DAY RULE?

  • The 10 Day Rule states that you must file an appeal to request a special hearing in front of the an Administrative Law Judge within 10 business days of your arrest in order to contest the suspension of your driver's license.
  • This hearing is separate from and different than your criminal case, and you probably were not told about it during your arrest. This is often a point of confusion. DON'T LOSE YOUR LICENSE! Contact Attorney Charles L. Webb immediately so we can request this hearing on your behalf.
  • Are you required to file for this hearing? Click here to see.
  • If you fall under the jurisdiction of the 10 Day Rule, we need to take immediate action. Click here for contact information. We will file for this hearing immediately and do everything in our power to ensure that you retain your license. We will need you to fax your suspension notice, sometimes referred to by law enforcement as your "temporary driving permit." The lower left hand corner should say DMVS Form 1205.

    • WHAT ARE THE PENALTIES FOR A DUI IN GEORGIA?

  • DUI is one of the toughest convictions in Georgia. Judges do not go easy on guilty verdicts. The punishment can be extreme and usually includes suspension of license, jail time, probation, community service, driving school, and treatment. Additionally, there is a permanent scar on your record that will raise your insurance rates, and will make it difficult to get a license, rent a car, and obtain jobs with certain employers.
  • To mitigate or altogether circumvent these multiple undesirable outcomes, contact the law firm of Attorney Charles L. Webb Inc. They possess the knowledge and expertise to keep this from happening to you.

    • SENTENCING REQUIREMENTS FOR DUI

  • Statute in effect as of July 1, 2008

    • 1st DUI CONVICTION IN 5 YEARS No 1st offender treatment

  • Jail Time - MUST SERVE 24 HOURS 10-day minimum/12-month maximum
  • Fine - $300 minimum/$1,000 maximum
  • Community Service - not less than 40 hours
  • Risk Reduction/DUI School
  • License suspended for 12 months, limited driving permit allowed
  • Probation - 12 months' reporting, regardless of paying fine early

    • 2nd DUI CONVICTION IN 5 YEARS

  • Jail Time - MUST SERVE 72 HOURS 90-day minimum/12-month maximum
  • Fine - $600 minimum/$1,000 maximum
  • Community Service - not less than 240 hours
  • Risk Reduction/DUI School
  • Mandatory Alcohol Evaluation and/or treatment
  • License suspended for 3 years, no permit for 12 months; 6 month permit follows.
  • Probation - 12 months' reporting, regardless of paying fine early
  • Picture in Paper - photograph of Defendant must be published in newspaper
  • Ignition Interlock Device mandatory on all cars you own or operate for 6 more months after first 12 months with no permit; may obtain limited driving permit for 6 months.

    • 3rd DUI CONVICTION IN 5 YEARS

  • Jail Time - MUST SERVE 15 DAYS 120-day minimum/12-month maximum
  • Fine - $1000 minimum/$5,000 maximum - Court may suspend fine if Defendant ordered into treatment program
  • Community Service - not less than 240 hours
  • Risk Reduction/DUI School
  • Mandatory Alcohol Evaluation and/or treatment
  • License revoked for 5 year as Habitual Violator
  • Probation - 12 months' reporting, regardless of paying fine early
  • Picture in Paper - photograph of Defendant must be published in newspaper
  • Habitual violators lose license for 5 years. Probationary license available after 24 months

    • Defendant <21:

  • Driver's license suspended. 1st violation - 6 months; 2nd violation - 1 year If BAC> 0.08, then license suspended 1 year for 1st violation
  • Defendant may be segregated from general population and serve weekends for 1st conviction
  • Subsequent convictions cannot be segregated or weekends § 17-10-3.1

    • Child Endangerment:

  • If Defendant had child < 14 in car, then sentenced according to §16-12-1;
  • $1,000 fine and up to 12 months.

    • License Plate: § 40-2-136

  • If Defendant is a Habitual Violator, then Defendant must surrender the license plate of the vehicle he was driving, and if it was not his, the license plate of any vehicle he owns

    • The COURT must:

  • 1) Notify the Department of Public Safety within 10 days
  • 2) Give the Defendant a receipt
  • 3) Forward the tag to the local tag agent

    • WHAT IF I AM UNDER 21?

  • A blood alcohol level of just 0.02 within three hours of driving is sufficient for a DUI conviction
  • Your license is SUSPENDED; therefore it is necessary to go through the ENTIRE PROCESS of obtaining a license again
  • If your blood alcohol level is less than 0.08, then your revocation is for 6 months
  • If your blood alcohol level is greater than 0.08, then your revocation is for 1 year

    • Contact Attorney Charles L. Webb at 770-455-1350

    COMMITMENT

    At the law firm of Attorney Charles L. Webb Inc. they understand your concerns about your driving privileges, career, privacy, jail time and police record.
    They make it their commitment to provide the very best legal services available. They will do everything in their power to keep your license, minimize or eliminate jail time, fines, probation, and public exposure.
    They believe that you have the right to the very best attorney available. Attorney Charles L. Webb is that attorney.
    Please contact us now so that we can begin working on your case.

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