DUI or DWI in Georgia
If you are convicted of DUI/DWI and plead “guilty” or “nolo contendere,” that conviction will forever remain not only on your driving record, but also on your criminal history. These records will be reported to the Georgia Department of Public Safety, to the National Driver’s License Registry, to the GBI and the FBI, and are made available to driver’s licensing agencies in every state across the United States of America. There is no way to expunge a DUI/DWI conviction. A DUI/DWI conviction will follow you for the rest of your life.
DUI & Drugs:
Under Georgia law, you can be prosecuted for driving while impaired by either drugs or alcohol or both. Even if the drugs are legitimately prescribed by a doctor (i.e.: pain pills after a surgery), you are still subject to prosecution for driving while impaired.
If you are found to be driving with illegal substances in your bloodstream (i.e.: cocaine, heroin, etc.), this fact alone is enough for a conviction. Furthermore, if you have drugs on your person (i.e.: in your pocket), when you are arrested, you will also be charged with possession. If you allow a search of your vehicle at the time of your arrest, you will be charged with the possession of any other contraband items that are found. Additionally, if you are convicted of possession of any amount of any illegal drug, your driver’s license will be suspended whether you were driving or not when you were arrested.
There are very serious consequences for drug possession charges; up to 15 years jail time for your first offense depending on the substance, and your second conviction is automatically a felony.
Legal Limits:
If you are under 21 years old, are stopped, and test with a 0.02 BAC or higher, you may be accused of DUI.
If you drive a commercial vehicle (i.e.: a moving van) and are stopped with a BAC of 0.04 or higher, you may be accused of DUI. Additionally, if you are driving a commercial vehicle and testing reveals any alcohol, a 24-hour out-of-service order will be issued, and the truck will be impounded during that time.
If you are 21 years or older and you are found to be driving with a BAC of 0.08 or higher, you may be accused of DUI.
If you have any questions regarding this blog, please feel free to contact our attorneys by either leaving a comment or submitting a contact form.
