There are 2 types of DUI. In a standard Atlanta DUI case, the State must prove that the individual driving was an unsafe driver because of alcohol or an illegal substance. These types of cases in Atlanta can be engaged even if blood, breath, or a urine test does not find alcohol content. There is no test result if someone refuses the test.
When someone has taken a breath, urine, or blood test, the State will try to bring in the evidence of the test result. In order to help the prosecutor to prove “less than safe” driving, legislature passed a law that allows prosecutors to take advantage of legal implication about any alcohol level if they can prove it in court. A change in the wording of this law may have gotten rid of that ‘implication’, which gave prosecutors an advantage in trial.
The state of Georgia also brought other inferences on the law, including this fact: people who have a BAC (blood-alcohol content) of .05 or less are presumed not to be impaired by alcohol. This is why it is essential to obtain the services of an experienced Atlanta DUI attorney. A top Atlanta DUI attorney understands how to watch out for your best interests.
The second way the State can try to prove DUI cases in Atlanta where there is a test result over the valid legal limit is referred to by an Atlanta DUI attorney as the ‘per se’ DUI alcohol offense. This would be better described as having an unlawful blood alcohol level while driving. To prove this kind of alcohol-DUI, the state doesn’t have to prove an ‘unsafe’ driving or any ‘intoxicated’ condition. This DUI offense is committed by having a prohibited BAC and operating a vehicle. For people charged under paragraph five of subsection A of the Driving Under the Influence (DUI) law (adult standard) the forbidden level is eight tenths (.08) grams percent or more. Previous to July 1, 2001, the standard for adults was .1 grams percent or more. The person must take a DUI alcohol test within 3 hours of operating a vehicle when the alcohol in the individual’s system was taken in before they stopped driving according to all per se calculations.
It is essential to have an experienced Atlanta DUI attorney on your side to watch out for your best interests. If you have been arrested for a DUI in Atlanta contact DUI attorney, at 888-632-9732
When someone has taken a breath, urine, or blood test, the State will try to bring in the evidence of the test result. In order to help the prosecutor to prove “less than safe” driving, legislature passed a law that allows prosecutors to take advantage of legal implication about any alcohol level if they can prove it in court. A change in the wording of this law may have gotten rid of that ‘implication’, which gave prosecutors an advantage in trial.
The state of Georgia also brought other inferences on the law, including this fact: people who have a BAC (blood-alcohol content) of .05 or less are presumed not to be impaired by alcohol. This is why it is essential to obtain the services of an experienced Atlanta DUI attorney. A top Atlanta DUI attorney understands how to watch out for your best interests.
The second way the State can try to prove DUI cases in Atlanta where there is a test result over the valid legal limit is referred to by an Atlanta DUI attorney as the ‘per se’ DUI alcohol offense. This would be better described as having an unlawful blood alcohol level while driving. To prove this kind of alcohol-DUI, the state doesn’t have to prove an ‘unsafe’ driving or any ‘intoxicated’ condition. This DUI offense is committed by having a prohibited BAC and operating a vehicle. For people charged under paragraph five of subsection A of the Driving Under the Influence (DUI) law (adult standard) the forbidden level is eight tenths (.08) grams percent or more. Previous to July 1, 2001, the standard for adults was .1 grams percent or more. The person must take a DUI alcohol test within 3 hours of operating a vehicle when the alcohol in the individual’s system was taken in before they stopped driving according to all per se calculations.
It is essential to have an experienced Atlanta DUI attorney on your side to watch out for your best interests. If you have been arrested for a DUI in Atlanta contact DUI attorney, at 888-632-9732
