Georgia man arrested for DUI at gas station

June 14, 2013 (Press-News.org) A DUI conviction comes with severe consequences including fines, license revocation and jail time. Police can arrest an individual for DUI without witnessing him or her actually driving.

In January, WSBTV reported that police arrived at a gas station where a man's children told them that their father was driving on the wrong side of the road and frightened them. After speaking with the children and the man's wife, police charged him with a number of counts including DUI. According to WSBTV, an arrest warrant affidavit reported the man's blood alcohol level at 0.197 percent.

A DUI conviction results in severe penalties
Georgia's DUI law defines driving under the influence of alcohol two ways -- as "illegal per se" or "less safe." Under the per se definition an individual found to be driving a vehicle with a blood alcohol concentration at or above the legal limit of 0.08 percent is automatically presumed to be driving while impaired. In that situation, no additional evidence of intoxication is needed for a DUI. A "less safe" violation occurs when an individual's BAC is below 0.08, but the officer determines that the person is operating the motor vehicle less safe than if the operator did not consume alcohol.

An individual stopped on suspicion of a DUI must submit to chemical testing, usually a breath or blood test. Further, the severity of penalties will substantially increase. Penalties for a typical first DUI offense in Georgia include:

- Substantial fines
- Completion of an alcohol education program
- Sentenced for 10 consecutive days in jail
- License suspension of one year

While a DUI in Georgia already carries severe penalties, some situations could result in harsher penalties. For example, when chemical testing reveals that a suspected DUI driver has a BAC of 0.15 percent or when minors under the age of twelve are in the vehicle, that individual will receive enhanced penalties from a typical DUI. Additionally, the presence of minors under the age of 12 in the vehicle at the time of a DUI arrest can also result in additional charges, such as child endangerment.

Penalties for multiple convictions and legal help
Penalties also increase with subsequent DUI convictions. A second or third offense results in a license suspension for three or five years respectively, and substantially increases fines and time in jail with each offense. Furthermore, penalties for underage DUI are even more stringent. An underage driver's BAC reading at or above 0.02 percent results in an automatic DUI.

An individual facing a DUI charge would benefit from consulting with an experienced DUI attorney. The attorney can investigate the administration of the chemical tests, and all other evidence, in order to help mitigate the negative consequences.

Website: http://atlanta-duilawyer.org