By: Larry Kohn and Cory Yager, Law Partners and DUI Legal Book Co-Authors
Driving under the influence, which is also called “drunk driving”, is a serious traffic crime in Georgia. It means driving a vehicle while impaired by alcohol or drugs.
The difference between D.W.I. and DUI is just how each state has “named” this serious traffic crime. Mainly because of federal government guidance and state highway construction funding incentives, all states’ motor vehicle laws are highly similar.
Since cars were invented about 130 years ago, people quickly realized that drinking and driving was dangerous. Until just before 1910, through, only 3 states had enacted drunken driving laws (NM, NY, and NJ). Today, most states have both misdemeanor and felony “driving under the influence” laws.
Most states have D.U.I. misdemeanor laws. However, all states also have felony laws. If someone dies or is seriously hurt, a first offence DUI can lead to a felony charge.
This charge (in various jurisdictions) can be for vehicular homicide, manslaughter, homicide by vehicle or murder. It depends on whether the driver was drunk or under the influence of drugs. A first-time D.U.I. offender can face felony charges if someone dies from DUI or reckless driving in Georgia.
Our DUI defense lawyers are all Super Lawyers. America’s oldest lawyer rating service, Martindale, gives our lawyers their highest ratings. Our 3 DUI defense lawyers near me have also written the top DUI law book in Georgia since 1995.
Other Georgia lawyers pay over $1000 for a copy of this 1400-page book that comprehensively outlines and explains Georgia DUI laws. Plus, our attorneys “teach” the state DUI seminars on serious driving crimes, like hit and run, attempting to elude a law enforcement officer and drunk driving.
A Common Question for our Partners: Can You Win a D.U.I. Case?
DUI checkpoints near me. Although not used in over a dozen states, law enforcement in Georgia employs sobriety checkpoints to catch impaired drivers. Watch this VIDEO about what to do and NOT DO when confronted by police investigating a DUI in GA.
For such cases, seeking legal help is crucial if arrested for driving under the influence charges. In Georgia, police checkpoints have been curtailed (as compared to the 1990s and early 2000s) because of shortages of law enforcement personnel nationwide.
This article on DWI vs DUI explains impaired driving charges, including legal implications, law enforcement’s role, and the importance of legal representation. Understanding the “driving while impaired” harsh impact and consequences (if later convicted) help you make informed decisions, whether facing charges or seeking knowledge about the risks.
Our Firm’s DUI lawyers near me will travel statewide when a client is in a “must-win” situation on his or her pending DUI arrest. Cory Yager, our former police officer, likes visiting new court locations where trials are far less frequent than in metro Atlanta areas.
The Atlanta DUI lawyer former cop has a strong record of winning most cases that he defends. In these remote Georgia courts, he often gets non-DUI outcomes.
Understanding the Difference between D.U.I and D.W.I.
D.U.I. is the nation’s most common acronym of roughly 10 abbreviations used in different states across the USA. In about 40 states, DUI or DWI (or both) are used to describe an arrest for drunk or drugged driving.
D.U.I. consequences include jail time, hefty fines, and loss of driving privileges. A DUI or DWI charge also creates a criminal record. This can hurt future job opportunities and may limit travel to other countries.
Driving while intoxicated is the main meaning of DUI vs DWI. However, some states, like North Carolina, call it driving while impaired.
So, ignore and difference between D.U.I. and DWI since the DUI definition and DWI, OWI, OUI, OVI, DWUI or DUII are all the same general crimes in various states. Three northeastern states call their crime “operating under the influence,” or OUI. Several midwestern states use OWI for operating while being intoxicated.
Also, assume that the question: “Is a DUI a criminal offense?” is always going to be yes, since jail time is part of the punishment in all states, regardless of how that law is classified.
Many states in America have expunction laws for people with a first D.U.I. misdemeanor conviction. However, Georgia laws do not offer a way to remove a permanent criminal record for driving impaired and never has.
What Does D.U.I. Stand For?
DUI means “Driving Under the Influence.” This term is used when someone drives a vehicle while impaired. Impairment can come from alcohol or drugs.
Driving under the influence is a crime in all 50 states. The law does not allow any level of impairment for road safety. Alcohol or drugs can greatly affect a person’s ability to drive, putting everyone on the road at risk.
The seriousness of a D.U.I. charge can change based on some factors. The driver’s blood alcohol concentration (BAC) and if anyone was hurt are important. Knowing these details helps us understand how serious a D.U.I. accusation can be.
The Legal Implications of a DUI Charge
A D.U.I. charge can lead to serious legal problems, if convicted. This is why our attorneys suggest that you FIGHT and that you do it with seasoned fighters who have “been there, done that” for decades.
These problems go beyond just immediate penalties. Understanding them is important if you face this type of criminal charge.
Repeat offenses within a 10 year “window” will substantially increase penalties for those offenders, and the impact can be life changing. (See William Head’s chart below)
DUI charges happen when someone drives while impaired by alcohol or drugs. This can result in either misdemeanor or felony charges. The type of charge depends on how serious the offense is.
Misdemeanors are less serious than felonies. Still, even a misdemeanor DUI can have long-lasting effects. These effects may include fines, community service, or jail time.
Felony DUI charges are more serious. They can lead to longer jail time (15 years in prison per death or per serious bodily injury) and probation once released from jail or prison. Having multiple offenses or causing serious injury can make a DUI a felony.
The effects of DUI convictions go beyond legal issues. They can also affect a person’s personal and work life. A DUI conviction immediately leads to losing driving privileges and will create a PERMANENT criminal record.
The financial impact is also significant. Legal fees, higher insurance costs, and possible job loss add to the stress. Therefore, the legal consequences of a DUI are serious and need careful attention.
RED ALERT EMERGENCY! Loss of Driving Privileges
Losing your driving privileges can be the most serious result of a DUI arrest. This is due to Georgia implied consent laws.
If your plastic license was confiscated by police when you were arrested, then you need to IMMEDIATELY get in touch with our office to try to save your ability to drive. The form you received (when arrested) tells you that you will lose the right to drive for ONE YEAR if you don’t act in time.
The CALL is FREE, as is the LEGAL ADVICE. Dial 404-567-5515 any time, DAY or NIGHT, or on HOLIDAYS.
Living without a license can be tough. Getting to work or handling personal tasks becomes hard and highly expensive. Most Georgians cannot get access to cheap public transportation, (e.g., MARTA trains and its buses) to get them to work and back daily.
How a DUI Can Impact Your Criminal Record and Employment
A DUI conviction adds to a person’s criminal record. This mark will stay with that person to the GRAVE. Having a criminal record also will affect many parts of that person’s life.
One significant impact is on job opportunities. Employers often check backgrounds. A DUI conviction can lower job chances or slow career growth.
Also, some professional licenses may be in danger. Jobs that need employees to have clean driving records automatically dismiss anyone convicted of DUI. This reduces a person’s job chances — especially for workers who drive company vehicles or need special “safe driving” credentials for their jobs.
Preventative Measures and DUI Awareness
Preventing DUI incidents starts with awareness. Seeing the dangers of driving under the influence is important. Awareness helps people make safer choices on the road.
Encouraging the use of designated drivers is a simple step. This ensures that impaired individuals do not drive. It greatly lowers the chance of accidents.
Technology also helps in this effort. Many apps offer safe ride options. Using these resources can prevent DUI situations and save lives.
The Role of Education and Public Campaigns
Education is a strong tool against DUI. Schools and community programs teach the importance of sober driving. Early education helps build responsible habits for life.
Public campaigns also raise awareness widely. They show the impact of drunk driving on society. Graphic ads and real stories reveal the serious consequences of DUIs.
Law enforcement often works with these campaigns. Together, they help people understand DUI laws better. This teamwork aims to lower DUI rates and make roads safer.
Facing a DUI Charge? Call a Top DUI Attorney Near Me
While being aware and making informed choices can create safer communities, many of our clients misjudge how little alcohol it takes for them to reach the 0.08 grams percent level. Because your call to a criminal defense attorney Atlanta Georgia is FREE, and you have a very short time frame to protect your right to keep driving, you need to make this CALL NOW! 404-567-5515.
Links to Other Popular DUI Topics for Georgia DUI Arrests
Can you get a CDL with a D.U.I.?
An Atlanta DUI attorney for the Municipal Court of Atlanta GA
Handling an Athens GA DUI Arrest
Our Firm’s Top DUI lawyer ratings