Understanding 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:

1. 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.
2. Drug Impairment:
   • Driving under the influence of prescription, over-the-counter, or illegal drugs that impair your ability to drive safely.
3. Combination of Alcohol and Drugs:
   • Any combination of substances that impairs your driving.
4. 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.
5. 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:

1. Don’t Panic: A DUI charge is serious, but it’s something you can address with the right legal help.
2. Understand Your Rights: You have the right to remain silent and the right to an attorney. Use these rights to protect yourself.
3. 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.
4. 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.
5. 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.