DUI Per Se Defense Lawyer Suwanee & Gwinnett County

DUI Per Se In Georgia

Learn about this type of DUI and what to do. We serve clients throughout Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County.

What is DUI Per Se?

At Banks, Stubbs & McFarland LLP, Georgia Attorney Phil Pilgrim has represented both the accused and the State of Georgia in criminal prosecutions. As the Senior Assistant Solicitor-General for Georgia, Attorney Phil Pilgrim directed hundreds of criminal prosecutions – primarily in alcohol-related offenses. Realizing that the accused face an uphill battle in the criminal justice system, Mr. Pilgrim left public practice to focus on criminal defense.

By using his intricate knowledge of the strategies employed by Georgia prosecutors in alcohol-related criminal prosecutions, Mr. Pilgrim is able to mitigate the prejudice the accused face and offer an exceptional criminal defense for DUI cases.

Understanding how to stay one step ahead of the prosecution can be the difference between an acquittal and spending time in prison. If you or someone you know has been accused of DUI per se, please contact our offices as soon as possible to schedule a free consultation.

Types of DUI in Georgia

Under Georgia law, there are two separate DUI offenses that an individual may be charged with: (1) DUI per se and (2) DUI less safe. While both are DUI charges, the evidence required to prove them differs. A DUI per se is what most individuals associate with a DUI – it is driving with a blood alcohol content (“BAC”) in excess of the legal limit. “Per se” means “by or in itself” or “by or of itself” which equates to one thing meaning another. Thus, DUI “per se” means that operating a motor vehicle with a BAC in excess of the legal limit is per se intoxicated driving and therefore illegal.

Conversely, DUI less safe does not rely on BAC and can be charged for individuals who do not have a BAC in excess of the legal limit. DUI less safe is behavior-based and thus is harder for the prosecution to prove, as they cannot simply identify the BAC as being in excess of the legal limit.

Penalties for DUI Per Se

In Georgia DUI penalties are notoriously harsh. In Georgia, the following penalties apply to DUI convictions:

First Offense

• Up to one year in jail;
• Up to $1000 fine;
• Up to one-year driver’s license suspension;
• 40 hours of community service;
• Probation; and
• DUI education course.

Second Offense

• Up to one year in jail;
• Up to $1000 fine;
• Up to three-years driver’s license suspension;
• 40 hours of community service;
• Probation;
• DUI education course;
• Substance abuse treatment; and
• Possible installment of an ignition interlock device.

Third Offense

• Up to one year in fail;
• Fine of $1000 to $5000;
• Up to five-years driver’s license suspension;
• 40 hours of community service;
• Probation;
• DUI education course;
• Substance abuse treatment; and
• Possible installation of an ignition interlock device.

Fourth Offense

• Felony offense;
• One to five years in prison; and
• Up to $5000 fine.

Contact Our DUI Per Se Defense Attorney in Atlanta, Georgia

At the Law Office of Banks, Stubbs & McFarland LLP, Attorney Phil Pilgrim utilizes his experience from prosecuting hundreds of alcohol-related cases to provide the most comprehensive DUI per se defense possible. Despite the open-and-shut appearance of proving BAC, Mr. Pilgrim knows how to challenge the validity of breathalyzer and blood sample tests.

As a criminal defense attorney, Mr. Pilgrim has the experience required to challenge blood sample tests based on the chain of custody, invalid sample storage, and failure to follow protocol, among many other defenses which Mr. Pilgrim can raise in your defense. If you or someone you know has been arrested for DUI per se, please contact our offices as soon as possible to schedule a free consultation.

The Law Office of Banks, Stubbs & McFarland LLP is located in Suwanee, GA, and serves Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County, and other surrounding areas.

Speak with a Skilled DUI Attorney Today

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.