An arrest for DUI while visiting Georgia from another state can have devastating repercussions, with potential jail time or an impactful conviction possibly even interfering with your ability to travel internationally.
Many countries have stringent entry requirements and a DUI conviction can create unexpected complications during visa applications or when going through border control. James Yeargan law firm boasts an experienced team of attorneys knowledgeable both in Georgia DUI laws and international law.
1. Per Se Charges
All states have laws against driving under the influence, with some laws mandating breath or blood tests to assess intoxication levels. If someone’s blood alcohol concentration level exceeds their state’s legal limit, prosecutors could charge them with per se DUI charges.
Per se DUI laws hold someone guilty by simply having a BAC over the legal limit, regardless of any impairment to driving ability. Proponents of per se DUI laws argue that such zero-tolerance measures are necessary to protect young or inexperienced drivers who may cause accidents more easily.
Most crimes committed in Georgia are handled by state courts; however, federal courts will also come into play if an offense takes place on federal land or involves interstate travel, transport or communications. To learn more about federal laws visit Justia’s legal library’s section dedicated to them – to protect yourself against federal charges you should consult a criminal lawyer immediately.
2. Implied Consent Notices
Georgia’s implied consent law mandates all drivers submit to chemical tests designed to detect whether alcohol or drugs are present in their system – this includes breath, blood and urine testing. Drivers can opt-out, though doing so could have serious repercussions in criminal court proceedings.
Officers conducting DUI arrests must read out an advisory regarding Georgia’s implied consent laws, warning drivers that refusing to take a blood, breath or urine test could have their driving privileges suspended administratively and/or in court.
An effective DUI lawyer knows the value of having an officer read their advice correctly. Failing to do so could result in the State’s testing evidence being suppressed (i.e., kept out of court), giving your case a significant edge over theirs. No matter the outcome of your case, having a top Georgia DUI attorney by your side could make all the difference!
3. Non-Resident Driver Compact
One key difference between Georgia and other states is Georgia’s absence from the Driver’s License Compact (DLC), an agreement among states to share information about traffic violations committed outside their own borders. If you fall within this agreement, any offense committed abroad will appear on your driving record in your home state and, should the violation remain unpaid, can notify it back home and suspend your license accordingly.
Tourists benefit significantly from this agreement as, without it, their home state would have no way of being aware of an out-of-state traffic violation that they haven’t paid yet. Say you received a speeding ticket in Alabama for traveling 20mph over the limit – Alabama will notify Georgia which will then apply their laws regarding how many points should be added onto a driver’s record in Georgia based on where the driver lives and the DLC law in that state applies accordingly.
4. Refusal to Take a Breath Test
Under Georgia state law, all drivers who are suspected of driving while impaired must submit to a breath test if an officer has probable cause to believe they are doing so. However, results of such tests cannot be used against them during criminal trials unless there is proof they were given freely and willingly by their subjects. Despite this provision there remain issues regarding breath testing machines’ accuracy as well as instances in which refusal of taking such an examination had a devastating impact on an individual’s case.
Refusing to take a breath test could result in immediate consequences, including license suspension; however, doing so can actually aid your Atlanta DUI attorney when representing you in court. The State relies heavily on subjective evidence like officer testimony and field sobriety tests when trying to convict someone; these can be easier for an attorney to disprove than objective readings like BAC levels.
