DUI and Drunk Driving in Macon Georgia – GA Drunk Driving Lawyer
Generally, a crime must have an intent requirement in order to involve moral turpitude. Most state DUI laws define DUI as driving with a certain blood level of alcohol above the legally permissible under law. There is no reference to intent. The mere fact of being drunk is enough. In Georgia driving with a blood alcohol level of .08 or above is considered under driving influence in Georgia. The permitted level for minor drivers is .02. For commercial drivers, the limit is .04. Anyone with a blood alcohol level of .15 or more may be subject to higher penalties.
DUI is a serious charge. If you have been charged with DUI, there are certain defenses you can take. Some of these defenses are:
• Intoxication is not enough: the prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of accidents, there are no witnesses to them being the driver of the vehicle.
• Evidence will be suppressed if the officer did not have legal cause to (a) stop, (b) detain, and (c) arrest. Sobriety roadblocks present particularly complex issues.
• Incriminating statements may be suppressed if warnings were not given at the appropriate time.
• If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, this may affect admissibility of the test results – as well as the license suspension imposed by the motor vehicle department.
• The officer’s observations and opinions as to intoxication can be questioned – the circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as “failing”. Witnesses can testify that you appeared to be sober.
Contact us if you have been charged with DUI in Macon GA (Georgia), as well as Roberta, Warner Robins, Forsyth, Byron-Centerville, Culloden, Fort Valley, Haddock, Jeffersonville, Lizella, Perry, Gray, Irwinton, Milledgeville and Vienna including Bibb County, Monroe County, Jones County, Crawford County, Peach County, Twiggs County, Baldwin County, Dooly County Houston County, Wesleyan College, Macon State College and Mercer University. Our DUI and Criminal Defense attorneys are based in Macon GA (Georgia).
————————-
Macon GA DUI Lawyer | Warner Robins Georgia Criminal Defense Attorney.
www.maconduidefense.com
Comments on this entry are closed.