How Exactly Is A DUI Defined In The State Of Georgia?
In the state of Georgia, DUI is driving under the influence of any substance. There are a few different types of DUIs. The first one is the DUI per se. This is where you are under the influence of alcohol to a certain degree. In Georgia, there are actually three different levels. There’s a 0.08 percent limit, if you have a personal vehicle and you’re over 21. If you’re over 21 and you have a commercial driver’s license, if you were in your commercial vehicle, the legal limit is 0.04 percent. If you are under 21, that limit is 0.02 percent.
The second type of DUI is DUI less safe. This is if you have alcohol in your system, plus some sort of less safe driving infraction, like speeding or crossing over into other lanes. The prosecutor would need to show that there was some sort of connection between the alcohol in your system and the less safe driving act.
The third type of DUI is DUI drugs. A lot of people have a misunderstanding about this because they’re prescribed medications and in Georgia, it is against the law to drive under the influence of any medication, whether it’s prescribed or illegal. If it is impairing your ability to drive safely, then you should not be driving. The reason why there’s so much confusion about this is because doctors aren’t telling people not drive.
The fourth type of DUI is the combination DUI. This happens when you are under the influence of a combination of alcohol and drugs, which by themselves would not put you over the legal limit or make you impaired.
The first two types of DUI are frequently charged at the same time. Basically, it is a catch-all because if the prosecutor is unable to prove that you were over the limit, they may still be able to prove that the amount of alcohol that was in your system was making it so you couldn’t drive safely.
What Typically Happens When Someone Is Pulled Over On Suspicion Of DUI In Georgia?
If you are driving and you get pulled over for speeding, law enforcement will come up to your window and ask you if you know why they stopped you. The officer is actually looking at you, listening to what you say, and making observations about you. They’re looking at how you react to them coming up to your window. They’re looking to see if your eyes are bloodshot. They’re going to smell you and your breath to decide if you smell like alcohol. They’re also going to be listening to how your speech pattern is and determining if your speech is slurred.
At that point, they’ve already started trying to build a case against you. They’ll probably ask you to step out of the vehicle. During that time, they’re still watching you to see if you have a hard time getting out or if you have a hard time keeping upright. They’ll also be listening to see if you make any statements about having been drinking. It’s best not to say anything, if they ask you questions, and you don’t have to respond.
Next, the officer will start asking you to do the field sobriety tests. At that point, they already think they’ve got enough proof but test results can help them make the case into one that provides even more evidence against you. They will also ask you to breathe into the portable breath testing machine. Once the portable breath test and sobriety tests have been completed, they will read the implied consent warning. The implied consent warning states that if you’re driving on the roadways in Georgia, you are consenting, by your actions, to submit to a state administered blood or breath test.
Then, they’re going to arrest you. It’s important to know that most police vehicles are now equipped with cameras and an audio listening device pointing toward the back seat of the patrol car focusing on the star of the show, YOU. Anything you say at this point is going to be used against you. It’s very important that you remain silent. You can be polite, but remain silent at all times.