Being arrested for DUI can be an overwhelming experience, especially if this is the first time you have been accused of a crime.
There are critical first steps to keep in mind.
The MOST important decision you make will be choosing an attorney to help you through the process. You do not need to rush this decision and it helps if you can do research in advance so you know the best questions to ask and what to look for in an attorney.
Give yourself time to gather your thoughts, retrieve your vehicle, and find some balance and normalcy before you make a considered selection of the best legal team for your case.
Generally speaking, there are two categories of DUI arrests. What is known as a Less Safe DUI happens when the driver refused to take a test, or the government was unable to get a sample. Typically the officer will ask for a blood or breath test, although they are allowed to ask for a urine test too. These are also called “Refusals.”
The other type of case is a Per Se DUI – which usually happens when the government gets a test result and it is at or over the legal limit.
In many cases, drivers will receive a citation for both a Less Safe DUI and a Per Se DUI. Although it looks like you have been charged with multiple offenses, this is not the case. You can only be convicted of one DUI. The different charges merely reflect the different ways the government can try to prove the DUI case.
For the Per Se cases, they need to show the operation of a motor vehicle while over the legal limit. So, even if a driver seems normal, she could be DUI if she is over the limit.
For Less Safe cases, the government needs to show that the driver was affected by alcohol to the extent that it is less safe for her to drive than it would be if she were not affected by alcohol/drugs. The law in Georgia says that a driver is less safe when she is less efficient, less skillful, less coherent, less able, less qualified, and less proficient.
What is interesting about these two ways of proving DUI is that the government can charge someone who is technically under the legal limit, but still less safe.
But there are also a lot of ways to defend these cases and plenty of opportunities to avoid the unnecessary consequences of a DUI conviction in Georgia.
Stop imagining the worst-case scenario and get your answers today! Schedule a call with us to discuss your concerns and priorities when it comes to defending your case!