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DUI Driving Under the Influence; DWI Driving while intoxicated

In Georgia, it is against the law to operate a motor vehicle when your ability to drive has been impaired by the use of alcohol or drugs, or if your blood alcohol concentration (BAC) is 0.08% or higher.  In some circumstances, the limit for alcohol is even lower. If you are a commercial driver, the limit is 0.04%. If you are under the age of 21, the limit is 0.02%.  Some states call this offense DWI. However, Georgia refers to this as DUI

You may find yourself accused of a DUI in one of a number of different circumstances.

Often, the charges come after a motorist is stopped for a traffic offense or at a sobriety checkpoint or road block.

At the time of arrest, the police will charge multiple counts of DUI and let the courts sort it out. They do this to better their chances of convicting you.

If you are charged with DUI per se, the state is alleging that your breath, urine, or blood test indicates that you had a blood alcohol level of .08% or more.

DUI – less safe is another way of being charged with DUI.  This type of DUI can be charged when a driver tests positive for alcohol or admits to drinking alcohol and the officer determines that your ability to drive is impaired.

The statute and case law surrounding the area of DUI is very complicated and there may be a successful defense for your particular case. There are many subcategories of the law that are important to note including:

DUI — Per Se

DUI — Less Safe

DUI — Drugs


Field Sobriety Tests

“10-Day rule” and License suspension


DUI First Offense

DUI Second Offense

DUI Third Offense

Reckless Driving

Breath Test

DUI Checkpoints

Five Things You Need to Know About DUI Checkpoints

Are DUI Checkpoints Legal?

Legitimate Purposes for DUI Checkpoints


If you have arrested and charged with any DUI please contact me as soon as possible to schedule a consultation about your case. (770) 387-4529 or