What Constitutes a DUI in Atlanta?

Atlanta Municipal Court

Atlanta, Ga. - Many of the people who call our firm are baffled at how they even ended up getting arrested for DUI in Atlanta. This is typically because most people are unaware of the laws surrounding DUI in the state of Georgia.

As an Atlanta DUI Lawyer, I find myself explaining quite often how Georgia's DUI Laws are some of the strictest in the country. On top of a lack of familiarity with our legal structure, most people are from other states or have friends or family that have received DUI charges in other states. This leaves even more confused as to why they were arrested in the first place.

In today's post, I will outline the lengthy statute that covers the laws on DUI in the state of Georgia. See below.

Driving Under the Influence

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.

Practice Note

As you can see the law on DUI is extensive. If you or a loved one has been arrested for DUI, call our offices today. An Atlanta DUI Attorney can help you with the legal ramifications of your arrest now.