Georgia Driving Under the Influence (DUI) FAQ
Common Questions Regarding DUI Charges
- How do I save my license after a DUI arrest?
- What are the penalties for a second, third or fourth DUI?
- Do I legally have to take a field sobriety test?
- Can I be charged with DUI if I took prescription drugs?
- How many drinks can I have before driving?
- Can I challenge the results of a breathalyzer test?
- How will a DUI conviction affect my insurance rates?
- What should I expect at a DUI checkpoint?
- How long will a DUI conviction stay on my record?
- What are my rights when pulled over by a police officer?
- Do I tell my employer about my DUI arrest?
- How does marijuana affect my driving?
Additional Q&A about Drunk Driving in Georgia
Can I get a DUI if I am on a prescription medication?
Yes, because under Georgia statutes, it is prohibited to be under the influence of any drug if it makes you less safe to operate a motor vehicle. This is a very subjective standard which an officer can use his own personal judgment in order to charge you. If an officer observes you and believes that you are impaired, he will have to testify in court as to his observations. His opinion and observations can be challenged and possibly suppressed at trial or before trial in a motion to suppress evidence. If you are on any prescription medication, never carry them without your prescription bottle with the label bearing your name. If you are charged with a DUI for being under the influence of prescription medications which you lawfully have, there is a good chance that the charge can be successfully challenged and dismissed.
If I am charged with DUI, how can a lawyer help me?
Many people believe there is no way out of a DUI once you have been charged. The fact of the matter is, there are so many mistakes which can be made and are often made by police officers in stopping vehicles, administering field sobriety tests, administering Breathalyzer tests, failing to read a suspect their Miranda warning, and making improper or illegal searches. Observations made by police officers in their reports can be discredited upon cross examination of the officer during a trial. Faulty chain of evidence if blood tests were taken or improper handling of the evidence before trial can result in evidence being suppressed. A qualified DUI attorney can capitalize of mistakes made by the police and have your case dismissed for lack of evidence.
Do I have to take the field sobriety test or the breath test?
No, you can legally refuse to submit to any test when pulled over on suspicion of driving under the influence. However, you will lose your license automatically for 1 year if you do refuse to take the test. Sometimes, it may be the best option for you in the long run to refuse the test. If you can survive without a driver's license because you live close to work, have access to public transportation or have family that can fill the need for your transportation, you may be better off refusing the test. The prosecution will have less evidence to show that you were impaired, and it could very well be the difference between being found guilty or not guilty of a DUI.