by Editorial TeamUnderstanding OCGA 40-6-391: DUI Laws in Georgia and Your Next Steps
If you’ve recently found yourself searching for OCGA 40-6-391, you may be dealing with a DUI charge in Atlanta. Facing this situation can be overwhelming, but understanding the law and your options is the first step toward resolving it. This article will break down the statute, explain what it means for you, and guide you on your next steps.
What is OCGA 40-6-391?
OCGA 40-6-391 is Georgia’s law governing driving under the influence (DUI). It makes it illegal to operate a vehicle under the following conditions:
- Alcohol Impairment:
- A driver’s blood alcohol concentration (BAC) is 0.08% or higher for drivers aged 21 or older.
- For commercial drivers, the limit is 0.04% BAC.
- For drivers under 21, the limit is 0.02% BAC.
- Drug Impairment:
- Driving under the influence of prescription, over-the-counter, or illegal drugs that impair your ability to drive safely.
- Combination of Alcohol and Drugs:
- Any combination of substances that impairs your driving.
- Less Safe Drivers:
- Even with a BAC below the legal limit, you can be charged if your ability to drive is noticeably impaired by alcohol or drugs.
- Toxic Vapors:
- Operating a vehicle while under the influence of toxic vapors, such as glue or aerosol, is also prohibited.
What Happens After a DUI Arrest in Atlanta?
A DUI arrest triggers a series of legal and administrative actions. Here’s what to expect:
- License Suspension: If you refuse a breathalyzer or your BAC exceeds the legal limit, your driver’s license may be suspended.
- Criminal Charges: You’ll be formally charged under OCGA 40-6-391, which carries penalties like fines, jail time, community service, and mandatory DUI classes.
- Court Appearances: You’ll be required to appear in court to answer the charges.
Why Understanding OCGA 40-6-391 is Important
A DUI conviction can have serious consequences, including:
- High fines and court costs
- Jail time (depending on the severity of the offense or prior convictions)
- Suspension or revocation of your license
- Increased car insurance premiums
- A permanent criminal record
Understanding the charges against you can help you make informed decisions about how to proceed.
What Should You Do Next?
Here are the steps you should take immediately after being charged with a DUI in Atlanta:
- Don’t Panic: A DUI charge is serious, but it’s something you can address with the right legal help.
- Understand Your Rights: You have the right to remain silent and the right to an attorney. Use these rights to protect yourself.
- Contact a DUI Attorney: Hiring an experienced DUI attorney, like Richard Blevins (DUI Rich), can make a significant difference in your case. Richard has extensive experience in defending DUI charges and knows how to navigate Georgia’s DUI laws to work toward favorable outcomes for his clients.
- Request a Hearing to Save Your License: If your license has been suspended, you have only 30 days to request an administrative license suspension (ALS) hearing or apply for an ignition interlock device limited permit. Missing this deadline could result in losing your driving privileges.
- Prepare for Court: Work closely with your attorney to gather evidence, review police procedures, and build your defense.
How DUI Rich Can Help
Richard Blevins, known as DUI Rich, has been defending DUI clients in Atlanta since 2005. His background as a former prosecutor and law enforcement officer gives him a unique perspective on DUI cases. He has completed advanced DUI detection and field sobriety training, equipping him with the skills to challenge improper arrests or testing procedures.
By working with DUI Rich, you gain a dedicated advocate who can:
- Examine the details of your arrest for errors or violations of your rights
- Challenge BAC or field sobriety test results
- Negotiate with prosecutors to reduce or dismiss charges
- Represent you in court to seek the best possible outcome
Don’t Face a DUI Charge Alone
If you’re facing a DUI charge under OCGA 40-6-391, time is of the essence. Contact DUI Rich at 470-396-0211 for a consultation. With the right legal guidance, you can navigate this challenging time and work toward the best resolution for your case.
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by Editorial TeamUnderstanding The Difference Between A Felony And A Misdemeanor
If you have been charged with a crime in Georgia, the first step in understanding how to fight it is by understanding what it means. In most situations, felony charges are easily the most severe, followed by misdemeanors, and then violations at the bottom. Any of these kinds of charges can drastically affect your life, however, so we’re going to break them down for you.
Felony Offense
A felony offense is a serious crime that can be punishable by more than a year spent in prison. A district attorney will be the one to hand out the charge, and they most often handle the case in superior court. Sentences handed out from a felony offense will most likely be served in a state or federal prison. These sentences can range from a year in one of these prisons to life imprisonment or even the death penalty.
- Learn more about Types of DUI charges in Georgia
- Read more about: The Ultimate Guide to Hiring an Atlanta DUI Lawyer: What You Need to Know
Society views felony offenses exceptionally harshly. Even after you have paid your debt to society by spending time in prison, you may find it challenging to gain employment, maintain relationships, or even get housing approval. It is vital to be aware that these kinds of offenses cannot be expunged from your criminal record and will stay on it forever.
Misdemeanor Offenses
As mentioned previously, misdemeanor offenses are not as grave as felonies. The solicitor general’s office generally levels these charges, and the case can be handled in either municipal or state court. Most municipal charges are punishable by up to twelve months in prison and a $1,000 fine. In some instances, you can be charged with a high or aggravated misdemeanor, which carries significantly higher fiscal penalties.
Sentences for misdemeanors are usually served in your local county jail rather than a state or federal prison. While these offenses do show up on your criminal record, there is the possibility for them to be expunged. Most often, these offenses do not have the same effect that felony offenses do on housing or employment.
Violations
It is worth also noting violations as these are the least severe types of crimes and often result in a fine with no jail time. In Georgia, a violation can also be referred to as an infraction. Suppose you have violated a city rule or county ordinance by trespassing, littering, or acquiring traffic tickets. In that case, it will qualify as a violation or infraction and will not show up on your criminal record unless you fail to pay the fine or respond to the charges, at which point it will escalate in severity.
- Learn more about second offense DUI
The criminal justice system is complex, and it is always essential to understand what is happening to you if you get caught in it. Staying informed is part of it, but consider that lawyers have spent their entire careers and education learning about this system and will be much more informed. Always hire a defense lawyer if you find yourself on the wrong end of the system, as that will give you the greatest chance of success.
