It is serious everywhere to get pulled over for a DUI. Many drivers are surprised at the ways that being pulled over in a school zone can make things worse. There is no single charge in Georgia that is specifically categorized as “DUI in a school zone” with an additional penalty and it may make a difference in the circumstances of the stop, but that is all. When children, schools and reduced speed limits are involved, extra charges, stiffer sentences from prosecutors and judges, and penalties for your license and job can all add up.
There are lower limits that apply to school zones during hours posted, typically 25 miles per hour or less, and fines for speeding in a school zone are higher than for regular speeding. If a driver is stopped for speeding through a school zone and then exhibits symptoms of impairment, he can be charged with speeding as well as DUI. The speeding charge is significant in and of itself because it is a separate charge that will add points to the driver’s record, and if the speed was much higher than the limit, it could be included as a reckless driving charge.
Other charges can be considered at a school zone stop. When a driver swerves in the vicinity of a crosswalk, passes a stopped school bus or drives in a reckless manner around a school entrance, there may be additional counts, like reckless driving, failure to stop for a traffic control device, or improper passing of a school bus. Passing a stopped school bus with its stop arm extended is a serious offense in itself, and even more so when combined with a DUI in Georgia.
The situation is further complicated by the presence of children in the vehicle. Under Georgia law, if a child passenger is involved in a DUI, it is considered an aggravating circumstance. A DUI involving a minor child in the vehicle can be charged as an additional count, and may impact sentencing, including jail time. A driver who picks up children from school and then drives impaired is in one of the worst positions possible under Georgia DUI law.
There’s also an impact on employment and licensing. A school zone DUI will not only have legal consequences, but it also may have consequences that affect the job for school employees, bus drivers, and others who interact with children. When a school employee is arrested for a DUI, the school district may place the employee on leave or even terminate the employment, particularly if near a school. For commercial drivers, a DUI can result in the loss of a commercial license and a career in that field.
The traffic stop itself is an issue that requires attention. School zones are heavily patrolled, and many school zones now have automated speed cameras. While a camera ticket is a civil issue, it can result in a DUI investigation if the officer notices signs of impairment. Flashing beacons, posted times, and special event periods all matter, and the exact hours of a zone can become an issue in court. An Atlanta DUI Attorney will be able to look at the zone’s posted hours of operation and beacon logs to determine if the zone was operating during the time of the stop. If the zone was not active, then a speeding ticket for a zone violation may be subject to challenge, though the DUI charge would stand on its own facts.
Beyond the basic breath or blood test, there is often much more evidence in a school zone DUI case. A DUI Lawyer Atlanta hires for a school zone case will most likely analyze all of the video sources prior to their being overwritten. Records captured on the dashcam and/or bodycam may include images of the school zone signage, flashing beacons, and traffic conditions at the time of the stop. This evidence cuts both ways: it can confirm the state’s version of events, but it can also show that signs were obscured, beacons were off, or traffic was light. Early viewing of the videos is critical as they are overwritten in accordance with a department’s retention schedule.
What should a driver do after a school zone DUI arrest? The same steps that apply to any DUI arrest matter here, with extra emphasis on the details. Record the time, the location and if school zone signs and beacons were visible. When speaking with a DUI Attorney Atlanta following an arrest in the school zone, those notes can be utilized to review the arrest, the charges, and the video evidence. Record if children were involved, if a school bus was involved and the officer’s comment regarding the reason of the stop. Avoid talking to school administrators, employers or posting anything on social media before consulting with a lawyer, as these comments may be held against you later.
It is also important to be familiar with what is NOT a school zone DUI. It is not automatically a felony, nor is it automatically a mandatory additional sentence just because it’s set in a particular location. Georgia judges do have discretion at sentencing, though, and the location could have an impact on that discretion, especially if there is a risk to children as established by the facts. Two drivers with similar blood alcohol readings can therefore walk away with different outcomes depending on where they were stopped.
A school zone DUI is a reminder that context is very important in criminal cases. The law may not add a separate penalty for the location, but prosecutors, judges, employers, and licensing authorities all pay attention to it. If you are facing a DUI charge that happened in a school zone, treat the case as more serious than a routine first offense, gather the details early, and get advice from a defense lawyer who understands how these cases are charged. An Atlanta DUI Lawyer can review the stop, the charges, and the evidence, and explain what the school zone facts mean for your case.
