An Attorney Explains Georgia’s DUI Basics

The primary statue governing DUIs in Georgia is found at O.C.G.A. § 40-6-391. It states as follows:

A person shall not drive or be in actual physical control of any moving vehicle while:

  1. Under the influence of alcohol to the extent that it is less safe for the person to drive;
  2. Under the influence of any drug to the extent that it is less safe for the person to drive;
  3. Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
  4. Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;
  5. The person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
  6. Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person’s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood.

If you would like to discuss your DUI arrest or administrative license suspension with one of the experienced criminal law attorneys at Kimmey & Murphy, P.C. please call our offices (404) 586-9848 (Atlanta) or (706) 216-7228 (Dawsonville).