McIlhinney & Sessions - DUI Law

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If you are charged with a DUI, you must act within 10 days from the date of your arrest in order to keep you driving license from being suspended or revoked.  You must request a hearing within 10 days or your license may be suspended for up to 1 year.

 

 

GEORGIA DUI “101” – DIFFERENT TYPES OF DUI CHARGES UNDER GEORGIA LAW 

There are actually six different types of DUI violations under Georgia law.  O.C.G.A. § 40-6-391 states that:  

      (a) A person shall not drive or be in actual physical control of any moving vehicle while:

        (1)  Under the influence of alcohol to the extent that it is less safe for the person to drive (we commonly refer to this as Georgia’s DUI – Alcohol [Less Safe] Law); 

        (2)  Under the influence of any drug to the extent that it is less safe for the person to drive (we commonly refer to this as Georgia’s DUI – Drugs [Less Safe] Law); 

        (3)  Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive (we commonly refer to this as Georgia’s DUI – Toxic Vapor [Less Safe] Law); 

        (4)  Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive (we commonly refer to this as Georgia’s DUI – Alcohol and Drugs [Less Safe] Law); 

        (5)  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 (we commonly refer to this as Georgia’s DUI – Alcohol [Per Se] Law); or 

        (6)  Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether any alcohol is present in the person's breath or blood (we commonly refer to this as Georgia’s DUI – Drugs [Per Se] Law). 

      SPECIAL CONSIDERATION: GEORGIA LAW STATES THAT A PERSON CHARGED WITH DUI IS NOT ABSOLVED OF GUILT BY VIRTUE OF THE FACT THAT THE PERSON IS LEGALLY ENTITLED TO USE A DRUG. IN OTHER WORDS, YOU MAY BE TAKING A DRUG UNDER A PRESCRIPTION ISSUED BY YOUR DOCTOR AND STILL BE CHARGED WITH DUI. 

 

 

 

 
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McIlhinney & Sessions, LLC
DUI, Traffic Offense, and Criminal Defense Trial Lawyers
4036 Wetherburn Way, Suite A
Norcross, Georgia 30092
Telephone: 678.387.6920
Fax: 678.387.6926

Serving Clients in: Acworth Alpharetta Belvedere Park Buckhead Buford Candler-McAfee Canton Carrollton Cartersville College Park Conyers Covington Decatur Douglasville Druid Hills Duluth Dunwoody East Point Fayetteville Flowery Branch Forest Park Gainesville Griffin Johns Creek Kennesaw Lawrenceville Lilburn Mableton Marietta McDonough Milton Monroe Mountain Park Newnan North Atlanta North Decatur North Druid Hills Panthersville Peachtree City Powder Springs Redan Riverdale Roswell Sandy Springs Smyrna Snellville Stockbridge Sugar Hill Suwanee Tucker Union City Winder Woodstock

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