A Breakdown of Georgia’s DUI Law

Being accused of driving under the influence can be frightening and confusing, especially for those who are unfamiliar with the law. We’ve included a few details on Georgia’s DUI law below to help give you a better idea of what you are facing when accused of driving under the influence.

What is a DUI? 

Many of those who are charged with DUIs have never been accused of such an offense before and may be unsure about the implications of such an allegation. Under Georgia law, to be charged with a DUI, (or driving under the influence of alcohol, drugs or other intoxicating substances), a person must:

• Be driving or in actual physical control of a moving vehicle; and
• Be intoxicated.

Read on to learn more about these elements and how they come into play in a DUI case.

What Constitutes Physical Control of a Moving Vehicle? 

Under Georgia law, a person can only be convicted of driving under the influence if he or she was driving or in actual physical control of the vehicle. This does not mean, however, that a person must have been driving a car to be charged with a DUI. For instance, even sitting in a car while the vehicle is running can qualify as being in control of a vehicle, even though it isn’t actually moving. In cases where a car isn’t actually on, but the keys are in the ignition, a driver could be charged with a parked car DUI, as could an individual who is merely in the driver’s seat, but has the keys to the car in his or her hand. Ultimately, whether a person is found to be in physical control of a vehicle will depend on the facts of the case.

What Qualifies as Intoxication? 

The second element of a DUI charge in Georgia requires proof that a driver was intoxicated. This element is also extremely broad, as a person can qualify as intoxicated in all of the following situations:

• When under the influence of alcohol or any drug to an extent that it is less safe to drive;
• When under the influence of glue, aerosol, or another toxic vapor to an extent that it is less safe to drive;
• When under the influence of a combination of any of the three substances listed above to an extent that it is less safe to drive;
• When driving with a blood alcohol concentration (BAC) of .08 grams or more (or .02 for underage drivers, or .04 for commercial drivers); or
• When any amount of marijuana or a controlled substance is found in the blood or urine.

Fortunately, there are a number of ways that individuals can defend themselves against unfair accusations that they were intoxicated while driving. To learn more about these defenses, feel free to reach out to our legal team today.

Contact a Dedicated Smyrna DUI Defense Attorney

 If you were recently accused of driving under the influence in Georgia, feel free to call experienced Smyrna DUI defense lawyer Andrew L. Schwartz, P.C. at 678-853-2500 for help crafting your defense.

Sources:

law.justia.com/codes/georgia/2010/title-40/chapter-6/article-15/40-6-391

gahighwaysafety.org/impaired-driving-laws/