Atlanta, Ga. – A Mississippi driver is facing over a dozen charges after police allege that he was driving under the influence on interstate 75 from Fulton into Cobb County.
He has been accused of causing a three-car crash. No one in the other vehicles were seriously injured from the collision. However, the driver and his passenger were rushed to a local hospital with serious injuries. After receiving medical attention, they were released the next day and immediately booked into jail.
The driver is facing charges of DUI, open container, speeding, possession of marijuana, etc. However, as an Atlanta DUI Defense Lawyer, I will focus on the law behind the offense of DUI in today's post. I have stated many times that Georgia has some of the strictest DUI Laws in the country. I am not exaggerating when I make this claim. Read on to see what exactly constitutes as driving under the influence in the state of Georgia.
According to the Georgia Code, there are many different ways that a person can be considered as DUI in Atlanta. The law is outlined in O.C.G.A. § 40-60-391 as:
A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;
(5) The person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.
(b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use.
As you can see, DUI law in Georgia not only covers when a person has a BAC of .08 or higher, but also if they are under .08 and an officer believes that he or she is a less safe driver as a result. It also includes being under the influence of any toxic vapor as well as any narcotic. Moreover, the narcotic may be illegal, or it may be prescribed to the driver. It is up to the officer to determine whether or not the individual is technically DUI.
The reality though is that every single DUI case is different. The complexity of the law as well as the various complexities of each individual case is all the more reason that an expert in DUI law should be consulted.
Our firm specializes in DUI Law. We have over 50 years of combined experience in this arena. If you or a loved one has been arrested, please contact our offices today. Your defense starts here. An Atlanta DUI Defense Attorney can help you now.