One should also be very alert and perceptive of any procedural lapses that may be committed before, during and after the test for blood alcohol content. A seasoned DUI lawyer is the right person who can see through any points of possible defensive maneuver arising from erroneous actions and/or lapses committed during the conduct of the test. A simple procedural lapse in giving the prescribed chemical test rights can be a valid ground for the exclusion of the test result for blood alcohol content.
Generally, a crime must have an intent requirement in order to involve moral turpitude. Most state DUI laws define DUI as driving with a certain blood level of alcohol above the legally permissible under law. There is no reference to intent. The mere fact of being drunk is enough. In Georgia driving with a blood alcohol level of .08 or above is considered under driving influence in Georgia. The permitted level for minor drivers is .02. For commercial drivers, the limit is .04. Anyone with a blood alcohol level of .15 or more may be subject to higher penalties.
A DUI appears on your driving record with the DMV. DUI is a crime and therefore appears on your criminal record. Criminal and driving records are public and can be accessed by others, including potential employers and schools. A DUI charge does not disappear after a certain number of years. It stays on your criminal and driving records indefinitely, unless you have it expunged. Insurance companies will likely raise your insurance rates or drop your coverage if you have a DUI on your driving record.
Many people unconsciously assume that, if a person is arrested, “they must have done something wrong.” This assumption is especially widespread when it comes to DUI. Though it is understandable why someone might feel this way, this is not the way the law works. It is not the way the law should work. Being accused of a DUI is not a conviction. No matter what your situation is, if you have been accused of driving under the influence, you have every right to the fairness, justice and protection that the American legal system guarantees.
The consequences of a DUI conviction are often misunderstood. The court penalties vary from state to state but generally include one or more of: driver’s license suspension, fines, enrollment in an educational course, and community service. Beyond these initial penalties, however, a DUI also goes on your publicly accessible records. If you have recently been charged with a DUI, you may want to talk to a DUI defense lawyer about your defense options to avoid a recorded conviction.
DUI is a serious offense. You license can be suspended. First time offenders may have their licenses suspended for one year. A second conviction within a five year period will result in a five year license suspension. A third conviction within a five year period means a five year suspension of licenses and the driver being denied the right to get a limited permit to drive to work or school for the first two years.
In Georgia driving with a blood alcohol content of .08 or above is considered under driving influence. The permitted level for minor drivers is .02. For commercial drivers, the limit is .04. Anyone with a blood alcohol level of .15 or more may be subject to higher penalties. In Georgia the police generally use the Intoxilyzer 5000. The Intoxilyzer 5000 is generally considered accurate but can be affected by body temperature, electrical currents, breath sprays and other conditions including the condition of the device and the officer’s training in using the device.
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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney
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