The state of Georgia is not only known in the United States for being a highly demanded place as a tourist destination, but also for its gastronomic offer. It is difficult not to have a good time with friends, go out to dance, eat and enjoy the night having some delicious jack cocktails with ice, tequila or beer.
But what happens next if the fun gets out of control and we have to drive home? What happens if you are caught driving under the influence of alcohol? What if you are arrested without drinking alcohol and you get a false positive for DUI in Georgia?
According to recent statistics, about 28 people are killed each day in the United States in car accidents in which a person was driving under the influence of alcohol. This means that, every 51 minutes there is a death!
Additionally, about four million adults drink and drive each year, and more than 10,000 deaths occur in the United States each year from this problem. Isn’t this data impressive? We need to do something.
Due to the fact that this month I had to defend with very favorable results several clients related to this type of criminal case, I found several common questions that they did not know and I would like to clarify them with you.
It is very important that you take into account everything that I am going to tell you, since at any time you can go out to enjoy and drink, also holidays are approaching or the beginning of celebrations such as, for example, Hispanic Heritage month, where different meetings will surely be organized to enjoy with family or friends.
By the way, for those who don’t know me yet, I am Zacharias Gaeta, founding partner of the Diaz & Gaeta law firm and I am an expert criminal lawyer. If you or a family member or friend need legal help, do not hesitate to call us. We look forward to it!
Now, let’s get started!
What Happens When the Police Stop You for a DUI in Georgia?
The moment you are driving on the highways of the State of Georgia and the police ask you to stop your vehicle for driving under the influence of alcohol or other substances, it can be a worrying and stressful experience when you know that you are really guilty.
More worrying is for you not knowing what can happen to your license, what penalties or fines you can receive or what kind of tests you have to pass and if you can refuse an alcohol test by the police.
At What Point Can You Lose Your License if You are Arrested for DUI in Georgia?
From the moment you are stopped by the police and charged for DUI in Georgia in Georgia, even if it was the first time you have been charged, your license will be automatically suspended one month after the date of your arrest for a period from one to five years, depending on your history.
However, you have the opportunity to request an administrative hearing within 10 days of your Georgia DUI arrest. This gives you the opportunity to avoid an automatic suspension.
What Happens if you Refuse to Take a Breathalyzer Test in Georgia?
Under the laws of the State of Georgia, there is an implicit consent law when obtaining your driver’s license, in which you authorize the police, that if they suspect that you are driving while intoxicated, they subject you to the different blood, urine, and breathalyzer tests with the aim of measuring your BAC (Blood Alcohol Concentration).
Therefore, this means that you have an obligation to allow the authorities to perform any kind of test. If you refuse to take an exam, you may be receiving much stricter penalties or indefinite suspension of your license and making your DUI case more difficult to defend at a hearing.
What are the penalties for a first DUI in Georgia?
Recently, the laws have been toughened with the penalties for DUI in Georgia, since they are trying to eliminate the possibility of people driving under the influence of alcohol.
The maximum BAC that is allowed by Georgia law is 0.08%. If you exceed this figure in the tests cited above, you will face the following penalties:
- 12 months of probation.
- Fines of $ 300 – $ 1,000.
- 1-10 days in jail.
- Community service.
- License suspension.
- DUI Education Course in Georgia.
What Safety Measures Can You Take to Avoid a DUI in Georgia?
When your social plans include going to an event, party or place where you are going to drink alcohol, it is very important that you plan in advance how to return home.
As a Georgia criminal attorney, I know the best ways to plan my outings. So, to finish this blog I want to offer you some tricks that you can implement every time you have an outing. For example:
- In my case, every time I go out with my family, friends or co-workers, we designate among all who is the person who is not going to consume alcohol, to be in charge of returning home.
- I never let anyone drive under the influence of alcohol and I always ask for a taxi, uber or lyft to take me home.
- When I have a celebration at my house, I always offer alcoholic and non-alcoholic drinks so that all my guests can return home safely.
Of course, as a car accident lawyer, I always give the best advice to my guests, family, friends and through Facebook Live, on Thursday August 20, I told our followers several tips on what to do to avoid car accidents when it’s raining. I did not see him? No problem, we leave the link here so you can see the livestream I did with my partner and founding partner Giovanni Díaz.
We do a weekly live to talk about topics of interest to our community, such as DUI in Georgia, immigration, criminal cases and how we approach them, and much more. Therefore, we invite you to follow our publications on our Facebook Fan Page to find out about the topic of the week, and visit us every Thursday at 8 pm.
I hope these tips will help you in the future, that you avoid drinking alcohol if you are going to drive, or that you plan what to do before drinking alcohol. If you liked this article, please leave us a comment, subscribe to our blog and follow all our updates on Facebook and Instagram.