Atlanta DUI Laws

In Atlanta, there are two types of driving under the influence (DUI) charges: a “per se” violation or a “less safe” driver violation. No matter which type of charge you are facing, you may be sentenced to steep penalties if convicted of DUI. If you have recently found yourself in this situation, contacting an experienced Atlanta DUI defense attorney is recommended.

You may be charged with a “per se” violation if your blood alcohol content (BAC) is over the legal limit. For drivers over the age of 21, the limit is .08%. Drivers under the age of 21 may be charged with a “per se” violation for a BAC of .02% or more, while the legal limit for someone who is driving a commercial vehicle at the time of the stop is .04%. You may also be charged with a “per se” violation if you are in possession of any drug contraband. Even if your driving was not impaired, you will still be arrested and charged with DUI. To win their case, the prosecution only has to prove that you were over the legal limit by showing your breath, blood, or urine test results.

An experienced DUI attorney can look into your chemical test to determine if the results were accurate. Many factors, such as an improperly calibrated or maintained breath testing machine, can produce inaccurate test results. If your attorney challenges the results of the test, they may be inadmissible as evidence during your trial.

If the officer can show that you were a “less safe” driver because of the consumption of alcohol and/or drugs, you can be charged with DUI—even if your BAC was under the legal limit.  The arresting officer may testify that your driving was erratic and you exhibited signs of impairment such as bloodshot eyes, slurred speech, unable to stand, or smelled of alcohol. Your attorney may challenge the officer’s testimony; after all, conditions other than intoxication (such as allergies and fatigue) may produce these same symptoms.

To learn more about Atlanta DUI laws, contact The Kohn DUI Defense Firm today. We will aggressively defend your rights during your DUI case proceedings.