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When you or a loved one is charged with driving under the influence (DUI), you will likely have many questions and concerns. This is especially true if a DUI is your first experience with the legal system, and you are concerned about the impacts this could have on your career, college prospects, or other areas of your life.

Regardless of whether you are facing these charges because of a poor decision or being arrested in error, our dedicated criminal defense attorneys believes everyone should have a fair opportunity to have the best future they can. Let our Holly Springs DUI lawyers help you achieve your goals. Reach out to our firm today to learn more.

Georgia DUI Charges

In Georgia, if your blood alcohol concentration (BAC) is 0.08 grams or more, then you are considered DUI Per Se, or DUI as a matter of law. This is regardless of your actual driving ability. If you are younger than 21, your BAC cannot legally exceed 0.02 grams. However, many people may not be impaired with a BAC of 0.02.

Depending on your weight and what you have eaten, this may occur with as little as a small amount of alcohol. A 0.02 BAC can also result from certain medications or over-the-counter products like mouthwash or cough drops. It seems unfair to relegate teens to the criminal justice system for being impaired, even if they are not. A Holly Springs DUI attorney will carefully review the details of your case to help you determine the best possible defense to your charges and mitigate the long-term damage that a brush with the law unleashes.

Implied Consent Warning for Drivers

Generally, when law enforcement arrests a driver for a suspected DUI (whether they are under 21 or not), the officer will deliver an Implied Consent Warning that foreshadows what is in store for them. The warning includes:

• Georgia requires drivers to submit to a chemical test to determine if they are under the influence of drugs or alcohol
• Driviers who refuse testing will have their driver’s license suspended for a minimum of one year
• Refusal to submit to a blood or urine test can be used as evidence against the driver at trial
• By submitting to chemical testing, a reading of 0.02 grams or higher for an under 21 driver, or 0.08 grams for a 21 year old or older driver, not including those in commercial vehicles, could result in a driver’s license suspension for at least one year
• After submitting to the state’s chemical test, a detained driver may solicit another chemical test by a qualified person of their choosing, at their own expense

Driving under the influence of alcohol or drugs can be charged two ways in Georgia, no matter the driver’s age when pulled over. DUI per se is usually the charge when a person of any age submits to chemical testing, such as a breathalyzer, urine, or blood test at the police station or a hospital and the results are over the per se limit for the person’s age. This is 0.02 grams for an individual under 21 and 0.08 grams for an individual over 21.

Police usually charge impairment DUI, also known as DUI less safe, when the person they stop on potential DUI charges does not submit to the chemical testing used to establish blood alcohol levels. If a person exhibits behavior that implies impairment, making the person less safe behind the wheel, then police can make an arrest. A Holly Springs DUI attorney can help you understand these charges.

Many prosecutors will often charge both versions of DUI when they have a per se test result.

What Are the Potential Penalties for a DUI?

In many instances, a DUI is a misdemeanor charge; however, the consequences can still be serious. If misdemeanor DUI charges are lodged against a teen 16 or younger, the case will be handled in Juvenile Court, where the judge has broad discretion. A child will be found delinquent instead of guilty and can receive any combination of probation, counseling that could include parents, an order to complete high school or earn a GED, risk reduction classes, restitution, a fine of up to $1,000, community service, and loss of a driver’s license until their 18th birthday.

DUI for those 17 and older will be handled in adult court. Penalties could include jail time, fines, risk reduction classes, probation, and community service. Because one error in judgment can impact a young person’s life far into the future, do not hesitate to contact a caring and tenacious Holly Springs DUI defense attorney who will fight to help keep your or your loved one’s life on track.

Get in Touch with a Holly Springs DUI Attorney

When you are accused of driving under the influence, you deserve experienced legal representation from someone who will not judge you and will instead make an effort to provide hope and understanding. A Holly Springs DUI lawyer can help you feel empowered to choose the best option to minimize the impact this has on you or your loved one’s life. Contact us today to schedule an initial consultation.