Sandy Springs, Ga. - A driver has been arrested on various charges after ramming into a Sandy Springs patrol vehicle. Thankfully, the officer suffered only minor injuries.
However, authorities allege that the drive was under the influence of alcohol when the accident occurred. In today's post, I will outline the law behind driving under the influence of alcohol. As a Sandy Springs DUI Lawyer, I handle complicated cases involving various charges as well as DUI in Sandy Springs. See how it is all correlated below.
The DUI laws in Georgia criminalize driving under the influence of alcohol, drugs, whether illegal, prescription, or over-the-counter, and toxic vapors to the extent that it makes the individual a “less safe driver” on Georgia roads.
O.C.G.A. § 40-6-391(a)(1) states that a person shall not “drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive.” This offense is commonly referred to as “DUI Less Safe.”
O.C.G.A. § 40-6-391(a)(2) prohibits driving “under the influence of any drug to the extent that it is less safe for the person to drive.” This offense is commonly referred to as “DUI Drugs.”
O.C.G.A. § 40-6-391(a)(5) prohibits “any person to drive or be in actual physical control of any moving vehicle while 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.” This offense is commonly referred to as “DUI Per Se.”
There are other acts that the statute covers, but for simplicity's sake, I will focus on these three sections. Typically, what people find the most interesting is that a driver does not have to commit a less safe act while driving or even being driving the vehicle to be arrested under Georgia's DUI statute. An officer's observations during the investigation and arrest are enough in the state of Georgia to accuse and convict someone of DUI.
Any amount of an illegal narcotic in your system constitutes DUI drugs, however, the State must also prove that the drug rendered you incapable of driving safely. If charged with driving under the influence of a prescription drug, having a prescription for the drug is not a defense to this charge.
A DUI Per Se requires the prosecutor admit an alcohol test result into evidence to prove that your blood alcohol concentration (BAC) was 0.08 grams or more.
Call our offices today if you or a loved one has been arrested for DUI. We can help you with your case and determine which defenses may apply to your particular case.