Georgia DUI Per Se

Across the country, each state has passed laws that make driving a vehicle with a blood alcohol content (BAC) of .08% or higher a crime. Georgia is no exception. Even if your driving abilities are not affected at this BAC level, you can still be charged with driving under the influence (DUI) per se.

To determine your level of intoxication, an officer may ask you to take one of three tests: blood, breath, or urine. If your test indicates that you are over the legal threshold, you will be charged with DUI per se. And, if the arresting officer has proof that you were a less safe driver due to alcohol, you could also be charged with a DUI “less safe” in addition to DUI per se.

You will immediately feel the effects after a DUI per se arrest. Because your chemical test shows that you are over the legal limit, the Department of Driver Services (DDS) has the authority to automatically suspend your license on the 31st day after your arrest unless you submit a hearing request within 10 business days. This suspension occurs even before you begin fighting your case in criminal court. A DUI lawyer can help you complete the appropriate forms in order to contest this immediate suspension.

Potential penalties for a Georgia DUI per se conviction include mandatory jail time, probation, alcohol education courses, community service, fines, and court costs. Your offense will be reported on your driving record, which may be accessed by your insurance company. Once they learn of your conviction, your premiums may be raised or your coverage could be terminated. In addition, your DUI per se will be entered into a criminal database, which could make applying for jobs difficult.

Even if you are charged with DUI per se, there are several defenses that your attorney can explore. For example, some medical conditions can cause an inaccurate reading on the breathalyzer. Faulty machines and improper test administration can also affect your BAC results.

Attorney Cory Yager can help you fight your Georgia DUI per se charge. A former law enforcement agent, Mr. Yager is backed by years of training and experience that can be used to your advantage. While his legal services are top notch, Mr. Yager offers affordable flat fees to his clients.

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