Types of DUI We Handle in Suwanee & Gwinnett County
We have expertise with every type of DUI.
We serve clients throughout Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County.
Different Types of DUI Charges
DUI is always illegal, but in Georgia, as in other states, there are many different charges that may be applicable in your particular case.
”Less Safe” DUI: Under Georgia law you can be charged with DUI if the prosecution can prove that you were driving after having consumed alcohol and/or drugs and were unable to drive your vehicle safely. In fact, you can be found guilty of this charge even if your blood alcohol content (BAC) registers at less than the legal limit of 0.08 percent as long as your were observed to be exhibiting erratic or reckless driving or if your field sobriety tests demonstrate impairment. In Georgia, this is known as “Less Safe” DUI.
DUI “Per Se”: You can also be charged with DUI when you have been driving and, having been pulled over by law enforcement, are found to have a Blood Alcohol Content (BAC) over the legal limit of 0.08 percent. The level of alcohol in your body will be determined through a chemical test of your breath, blood, or urine. The results of these tests can determine a DUI Per Se.
DUIs Carry Two Separate Penalties in Georgia
When you are arrested for a DUI in Georgia, you will have to deal with both your criminal case and your separate license suspension. The Georgia Department of Motor Vehicles (DMV) will handle your license suspension pursuant to the implied consent laws. It’s most likely that you’ll be required to address a DMV DUI hearing as well.
The Georgia criminal courts will take care of your criminal penalties. The decision in criminal court and the decision at the DMV are arrived at separately; one will not affect one another.
Variations in the BAC Limit
Although the BAC limit is 0.08 percent for most adults, in order to discourage young drivers from developing a habit of drinking and driving at an early age, Georgia has greatly lowered the acceptable limit for drivers under the age of 21. Under Georgia’s Zero Tolerance policy, the BAC limit for these young drivers is 0.02 percent.
Because commercial drivers are constantly on the road and drive larger, heavier vehicles than the average driver, they are also held to a stricter standard. The BAC for commercial drivers is 0.04 percent.
DUI Charges Vary According to the Number of Offenses Committed
Like most crimes, DUI is considered more serious when the offender repeatedly breaks the same law. Therefore, you can be charged with DUI as a:
- 1st Offense
- 2nd Offense
- 3rd Offense
- 4th Offense
With each subsequent conviction, the penalties increase, but we also represent people with multiple DUIs on their record. Also, DUI convictions stay on your driving record for the rest of your life. You should be aware that DUI convictions can lead to license suspension or revocation and/or limited driving permits, increasing high fines and court costs, DUI education or substance abuse treatment with associated costs, ignition interlock devices, jail time, and probation.
Naturally, getting charged with a DUI while on probation can lead to further consequences, so it’s essential that you have experienced legal counsel to defend you in these circumstances.
Also, getting charged with a DUI when a child is in the vehicle can result in a DUI With Child Endangerment charge which is more complex than a simple DUI. Call us to discuss your individual case or situation today.
When DUI Becomes a Felony
Though usually a misdemeanor, certain circumstances can turn the DUI into a felony offense. These include:
- When DUI is a 4th offense
- When your DUI results in serious injury of another, known as “Serious Injury by Vehicle”
- When your DUI results in the death of another, known as “Homicide by Vehicle”
As of 2008, Georgia law considers Serious Injury by Vehicle or Vehicular Homicide in the 1st degree to be felonies. Injuries categorized as “serious” include: rendering a part of another’s body useless (including causing paralysis, causing serious disfigurement or causing brain damage). Other charges that result in a felony DUI offense include those that involve:
- Failing to stop for police
- Fleeing from law enforcement
- Habitual violators
- Hit and run accidents
- School buses
Call the law office of Banks, Stubbs & McFarland LLP if you are facing a felony DUI charge.
Other Offenses That Can Restrict Your Driving Privileges
Convictions for possessing, distributing, or using marijuana or any other illegal or controlled substance can lead to restriction of your driving privileges. There is even a drugged driving DUI that can lead to various legal consequences.
You should also be aware that you can be charged with DUI if you are intoxicated or high and simply sitting behind the wheel of the car. You needn’t be actually driving to be found guilty of DUI if they can prove that you “were” driving at some point while impaired. It’s called a parked car DUI.
Other Types Of DUIs In Georgia
When you mention the term “DUI”, most people think of someone operating a motor vehicle, but there are other ways to get a DUI in Georgia. Here are a few:
Bicycle DUI– People often ask, “Can you get a DUI on a bicycle?” and the answer is “YES!”. In Georgia, riding a bicycle while under the influence of alcohol. Learn more about bicycle DUIs.
Boating DUIs– Because of all the social activities around the lakes in Northern Georgia, many people make the mistake of overdoing it while enjoying their boat. This sets up a boating DUI and can create serious legal consequences. Learn more about boating DUIs.
DUI & Diabetes– It’s extremely unfortunate, but a diabetic episode can often mimic the symptoms of driving under the influence of alcohol or other drugs. This can lead to a DUI charge when you haven’t used mind-altering substances. Find out more about being diabetic and DUI.
CDL DUI– having a commercial driver’s license in Georgia means you are held to a higher standard and therefore the threshold for getting a DUI is lower than someone operating a personal vehicle. If you are charged with a CDL DUI, seek legal advice immediately.
Underage DUI– driving under the influence when you’re under 21 is not a rite of passage. It’s considered a crime that can seriously affect a young person’s future. Call us if you or your loved one is facing an underage DUI today.
An Experienced DUI Attorney Can Make All the Difference
If you are arrested for DUI in this state, you absolutely require the services of a skilled attorney with comprehensive knowledge of DUI law in Georgia. DUI charges can be grave, and their consequences may be life-altering, particularly if this is not the first time you have been charged with this offense or if you have committed other traffic violations or crimes in conjunction with your DUI offense.
If you are in this kind of jam especially in Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County, you should contact Banks, Stubbs & McFarland LLP where our highly qualified lawyers are eager to help you regain control of your life and resolve your dilemma in the best way possible.
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Our Service Area
We are located in Suwanee Georgia, but we defend clients throughout Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County. Contact our Atlanta law firm as soon as possible to learn how we advocate for your best interests.