Most people know that it's illegal to drive if you're over the legal limit for alcohol. However, there are many different types of driving under the influence charges in Atlanta, including:
- Per Se DUI: For drivers age 21 and older, it is illegal to operate a vehicle if your blood alcohol level is .08 grams or above. A chemical test of your breath, blood or urine can be conducted by police officers when you are stopped, and the results used to demonstrate guilt.
- Less Safe DUI: It is illegal to drive after consuming less than the legal limit of alcohol, over-the-counter or prescription medication, if this results in a driver operating a vehicle in a "less safe" manner. Observations of law enforcement as to unsafe driving combined with chemical tests demonstrating alcohol or other substances were present in the blood can be used to demonstrate guilt.
- CDL Alcohol DUI: For drivers operating with a Commercial Driver's License, the blood alcohol limit is .04 grams. A chemical test of your breath, blood or urine can be conducted by police officers when you are stopped, and the results used to demonstrate guilt.
- Under Age 21 DUI: For drivers under age 21, it is illegal to operate a vehicle if your blood alcohol level is .02 grams or above or if there is any trace of controlled substances in your system. If chemical (blood, breath or urine) tests demonstrate BAC was over .02 or there was a trace of controlled substance detected, this is all that is required to demonstrate guilt (even if there is no evidence of unsafe driving or impairment).
- Marijuana or Controlled Substance DUI: It is illegal for drivers to operate a vehicle with any measurable amount of marijuana or any other controlled substance in the bloodstream. A blood test can be taken at the time of arrest and the results used to demonstrate guilt.
This section summarizes each of these charges, including what needs to be proven by the state to find a person guilty and what penalties you face if convicted. If you or a loved one are facing any of these charges, please call me. We can discuss the specifics of your case and determine what must be demonstrated to prove guilt and the possible penalties you could face.