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Driving Under the Influence

When you’ve been arrested for driving under the influence (DUI) in Georgia, you should be ready for a tough fight with the state. If you are convicted of a DUI, you will be subject to fines, driver’s license suspension, and possibly jail time. But, an arrest does not necessarily mean a conviction — especially when Michael Bixon is working for you. The first step in any Georgia DUI / DWI arrest generates two different cases: a criminal case and an administrative case, which will threaten your driver’s license. If you have been accused of a DUI/DWI in Georgia, you have only 10 business days from the date of your arrest to request the administrative court hearing. Otherwise, you risk having your license automatically suspended. Be advised that your case will be prosecuted under one of the following theories:

1) A traditional DUI charge, where a prosecutor tries to prove you were impaired by alcohol and or drug use to the point you were unable to safely operate a motor vehicle. This prosecutor will seek to introduce circumstantial evidence of the impairment, such as field sobriety test results, driving patterns, and physical signs and symptoms of impairment.

2) A charge of violating Georgia’s “per se” laws, which means you are charged with operating a vehicle with blood alcohol content (BAC) of .08 percent or greater. This allegation is proven almost exclusively through chemical test results.

A first offense conviction is punishable by one day to one year in jail, a fine ranging from $300 to $1,000, and up to 40 hours of community service. You would also receive a one-year license suspension, mandatory alcohol education classes, and probation. If you would like to avoid all of this hassle, seek our the representation of Michael Bixon. He will help you get through this difficult period with minimal effect on your personal life. Remember, your future is bright with his assistance.

In the state of Georgia, a DUI is a misdemeanor and refers to the point at which an individual who is operating a motor vehicle has a BAC (blood-alcoholcontent) greater than the legal limit. In Georgia, the legal limit for an individual 21 years or older is 0.08%. For an individual under the age of 21, the limit is 0.02% and commercial drivers have a legal limit at 0.04%.

In the state of Georgia, there is an implied consent law. This means that if an individual refuses to take a breathalyzer, or other chemical test, they are subjected to a fine and their license is automatically suspended. If it is the individual's first offense, the refusal to take the test will result in a one year suspension of their license, but if it their second or third offense, the license can be suspended for up to 5 years.

If an individual with a commercial driver's license was arrested for a DUI, they will be barred from driving a commercial vehicle for one year. However, if the individual didresign themselves to a chemical test, then there is a possibility of having their CDL (commercial driver's license) reinstated after 120 days. This would only apply to an individual that had no DUI convictions in the five years prior to that offense.

While DUIs are classified as misdemeanors in the state of Georgia, under extenuating circumstances, they can become felonies. This would typically happen if the act of driving under the influence resulted in the serious injury or death of another individual. However, many some states, including Georgia will classify an individual as a felon if they have multiple DUIs.

By Michael Bixon