4 Common Myths About DUI in Georgia
Driving under the influence is one of the most common crimes committed in Georgia. Indeed, for many people a DUI arrest is the first time they have ever found themselves in significant trouble with the law. Given this, it should come as no surprise that there are some myths that people continue to believe in regarding Georgia’s DUI laws.
Here are a few of the more common myths–and why you should not believe them.
Myth #1 — You Can’t Be Charged with DUI If Your BAC Is Below 0.08
Blood-alcohol concentration (BAC) is a common method used to determine a driver’s intoxication level. Most of us are familiar with the 0.08 standard. That is, a person is considered legally intoxicated–and thus guilty of DUI–if they have a BAC at or above 0.08.
But simply passing a Breathalyzer–i.e., having a BAC under 0.08–does not mean you are off the hook. In Georgia, you can still be charged with what is known as “DUI less safe.” Basically, if a police officer observes you driving recklessly, you can be charged with a DUI regardless of your actual BAC.
Myth #2 — A DUI Is Only for Alcohol
Driving under the influence does not just apply to alcohol. It also covers drivers who are under the influence of drugs. This includes both legal and illegal drugs. In fact, you can be charged with a DUI if your use of prescription or over-the-counter medications impair your ability to safely drive.
Myth #3 — A First Offense for DUI Is Not That Serious
While the penalties for drunk driving depend on a number of factors, it is possible to receive up to 12 months in jail for a first-time DUI in Georgia. Additionally, the court may fine you up to $1,000, require you perform between 20 and 40 hours of community service, and suspend your driver’s license for up to 1 year.
One other thing to keep in mind: The penalties for DUI increase significantly if someone else is injured or killed by the accused drunk driver. In many cases, a suspect faces felony charges under Georgia law, even if they have no prior criminal record.
Myth #4 — A Police Officer Can Make Me Take a Field Sobriety Test
Police officers often request drunk driving suspects submit to a battery of “field sobriety tests,” such as asking you to walk heel-to-toe on an imaginary line to check your balance and coordination. Many drivers feel they have no choice but to comply and take these tests.
In fact, there is no Georgia law mandating such compliance. Georgia does have an “implied consent” law that imposes certain civil penalties–i.e., the suspension of your driver’s license–if you refuse to take a Breathalyzer or similar test following a lawful DUI arrest. But implied consent does not apply to field sobriety tests. You will not lose your license for refusing to submit to one.
Contact a Georgia DUI Lawyer Today
A final myth is that you can beat a DUI charge without any legal advice or assistance. The truth is that the best chance for obtaining a favorable resolution to your case is with the representation of a Georgia DUI lawyer. Contact The Spizman Firm Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.
