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Cobb County Criminal Defense Lawyer / Blog / DUI / Avoid a DUI This Holiday Season

Avoid a DUI This Holiday Season


Over the last few years, Georgia law enforcement officers have used the holiday season to reinforce the state’s zero-tolerance DUI policy. This usually results in an increase in the number of DUI arrests between the months of November and January, with patrol units specifically on the look-out for drivers who show signs of being under the influence. There also tend to be more DUI checkpoints at this time of year. For help ensuring that you are not unfairly convicted of a DUI offense this holiday season, please reach out to our legal team for assistance with your case.

Who Can Be Charged with a DUI? 

Georgia has a zero-tolerance policy for driving under the influence. This means that a person can be charged with this offense if he or she is found to be in control of a vehicle while:

  • Under the influence of alcohol or any drug to the extent that it is less safe for him or her to drive;
  • Under the influence of glue, aerosol, or a toxic vapor to the extent that it is less safe to drive;
  • Under the combined influence of two or more of the aforementioned substances to the extent that it has become less safe for him or her to drive;
  • Driving with a blood alcohol concentration of .08 grams or more within three hours of driving; or
  • Driving with any amount of marijuana or a controlled substance in the person’s blood or urine.

Under these rules, a driver doesn’t even have to exceed the BAC of .08 in order to be charged with a DUI. As long as he or she is deemed “less safe to drive”, that person can be detained for driving under the influence. Fortunately, drivers who have been accused of driving under the influence can raise a number of defenses on their behalf to avoid an unfair conviction and subsequent driver’s license suspension.

Tips for Driving This Holiday Season 

The holidays are a time that many people look forward to as an opportunity to celebrate and get together with family and friends. To avoid being accused of driving under the influence after such a celebration, Georgia drivers should be sure to:

  • Schedule a ride share service ahead of time if they plan to consume alcohol;
  • Ask if they can stay the night with a friend or family member with whom they are celebrating;
  • Limit their consumption to two or fewer alcoholic beverages; and
  • Host at their own homes, so that they don’t need to drive.

If, despite your best efforts, you are accused of driving while under the influence in Georgia this holiday season, you’ll need the assistance of an experienced attorney who can help you build a strong defense.

An Experienced Smyrna DUI Lawyer 

The DUI laws in Georgia are complicated, so if you or a loved one were arrested for driving under the influence over the holidays, don’t hesitate to contact experienced Smyrna DUI lawyer Andrew L. Schwartz, P.C. for help. You can set up a free consultation by calling 678-853-2500 or by sending an online message.




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