As we move toward fully autonomous cars, many have raised questions regarding whether a DUI could still apply if someone was “actual physical control” of their vehicle. This answer remains valid as long as someone had “actual physical control”.
Driving under the influence is a serious hazard to all road users and poses significant legal consequences in Georgia.
Ignition Interlock Devices
Ignition interlock devices (IID) are breathalyzers installed into a vehicle to detect alcohol in the driver’s breath and prevent starting of the car if detected; they are typically required after being charged with DUI in Georgia.
In most states, in order to be charged with DUI, one must be in actual physical control of their vehicle. How this will apply to self-driving cars remains to be seen; level 0 autonomous vehicles would clearly fall into this category; while those equipped with driver assistance and crash prevention features might not.
An IID works similarly to a breathalyzer, except it’s much more sophisticated. It detects the presence of ethanol which will trigger a chemical reaction and produce an elevated reading, prompting a driver to blow into their mouthpiece for a breath sample that must pass must pass to start their vehicle safely. Random rolling retests must also be passed in order to continue driving safely – Smart Start’s Ignition Interlock Devices make using one easy with quick and sanitary testing patterns designed to make using one quick and painless.
DUI Less Safe Charges
Persons arrested for DUI in Georgia could face various penalties if convicted, such as jail time, fines, community service hours and driver’s license suspension. A per se DUI conviction requires blood alcohol concentration (BAC) levels above 0.08%; however if an officer cannot find evidence that meets this threshold they may attempt a less safe conviction instead.
Georgia law permits such charges under DUI less safe charges, which do not require police officers to establish an exact BAC level of the driver. Instead, police officers rely on observations such as weaving and erratic braking as well as circumstantial evidence like breath odor of alcohol/drugs/unsteady walking/slurred speech/failure to complete field sobriety tests such as one leg stand/horizontal gaze nystagmus test results to form their assessment of impairment.
DUI less safe charges apply to drivers who use prescription or illegal substances, whether prescribed or illegal; in such cases, the state must prove that such drugs made them less safe to drive; these could range from marijuana, cocaine and heroin use. It’s crucial that drivers seek legal representation to protect their rights during such proceedings – hiring a Columbus GA DUI attorney and his/her defense team will allow for all necessary evidence review and help secure the best result in their case.
Felony Convictions
Georgia DUI laws prohibit driving while under the influence of alcohol or drugs, though their scope can also extend to non-motorized vehicles such as bicycles. They even apply to activities carried out on private property.
An initial DUI offense in Georgia typically has relatively mild punishments and consequences, yet still leaves a mark on your criminal record. Repeat DUI convictions may bring more severe repercussions, including jail time, fines, mandatory alcohol education programs and installation of an ignition interlock device on personal vehicles. Commercial drivers face even stiffer punishments; repeat convictions can end their careers by disqualifying them from operating commercial vehicles.
The state must demonstrate beyond any reasonable doubt that a defendant was “less safe to drive”, whether by indulging in alcohol consumption prior to or while driving or being under the influence of drugs that impair a driver’s ability to safely operate their vehicle. Circumstantial evidence may include an odor of alcohol, unsteady gait or stumbling, slurred speech or unsteady gait; less safe driving standards apply to over-the-counter and prescription drugs alike.
Attorney James Yeager offers experienced DUI lawyers in Atlanta to assist in navigating the criminal justice system and fighting for your rights. Reach out today and arrange for your complimentary case evaluation session!
Criminal Defense
Although self-driving cars are becoming more and more prevalent, DUI laws still require that a human be in control of the vehicle at all times – meaning even if you’re drinking and buzzed while operating an autonomous car, you could still face arrest for DUI charges. An Atlanta DUI attorney with knowledge in these matters could prove invaluable in fighting them off effectively.
Most DUI investigations and arrests begin with a traffic stop. In Georgia, police can only stop your vehicle if they have reasonable and articulable suspicion of criminal activity based on witness statements or 911 calls that describe erratic driving behavior – often times witness statements can be challenged successfully by showing evidence such as changing radio stations or discussing something with your passenger as opposed to alcohol or drugs being the source.
An effective DUI defense strategy involves contesting the scope of police officer investigation. If an officer illegally stops or interrogates your vehicle without sufficient justification or requests to search it without probable cause, any evidence gathered against you must be suppressed by law.
