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Georgia DUI Laws

You can be charged for Driving Under the Influence (DUI) in a few different ways in Georgia.  The basic code section is O.C.G.A. 40-6-391, but the alcohol less safe subsection is (a)(1), and the per se subsection is (a)(5).  If you complied with the officers request and submitted to a state administered test of your blood, breath, or urine, then you can be charged with (a)(5) DUI if the blood alcohol content is over 0.08 grams.  If you refused the state administered test, then you would be charged with DUI refusal, and the State would have to prove that you were less safe to operate a motor vehicle after consuming alcohol or drugs.  The (a)(1) subsection deals with less safe due to alcohol consumption, and the (a)(2) subsections deals with less safe due to drug consumption.  Even if you are charged with a per se DUI, the prosecutor can always add a less safe count after your arrest, especially if you wrecked your vehicle or were driving in a dangerous or careless manner.  There is an (a)(6) subsection dealing with marijuana, but this subsection has been found to be unconstitutional in light of a due process/equal protection argument that was launched against it.  Contact Joe and Patrick Kunes today to see if there are any possible defenses to your Georgia DUI charge.

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