According to reports out of a municipality just north of the City of Atlanta, a man was initially pulled over for not wearing a seat belt. The traffic stop resulted in charges of obstruction and DUI.
The driver allegedly screamed at officers and threatened to shoot them in the face. It was then that officers tased him to get him to stop. That was then they realized that he may be under the influence of drugs or alcohol.
As an Atlanta DUI Lawyer, I will outline the law behind driving under the influence. Our state has a very strict law regarding DUI.
DUI in Atlanta
DUI in Atlanta is defined by Georgia Law in O.C.G.A. §40-6-391 as:
(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;
(5) The person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.
As you can see from the law, our DUI statute is very broad. It covers any amount of alcohol, narcotics, controlled substances, and prescription medication. Georgia has determined that an individual who ingests any time of chemical could result in less safe driving. Atlanta DUI Law is extensive - our state law on DUI is one of the strictest DUI laws in the country. We have no alternative or lesser charge for DUI such as a Wet Reckless or DWI.
Atlanta DUI Penalties are just as harsh. This is why hiring an Atlanta DUI Defense Lawyer is of the utmost importance.
Practice Note
If you or a loved one has a recent Atlanta DUI Arrest, contact our offices now. We can help you today.
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