While on summer vacation this year, my sister-in-law asked me “so do you believe that Tiger Woods really did not have any alcohol in his system? If he did not, then how did he get arrested for DUI?” A few minutes later after I had explained how someone can be charged with a DUI in so many different ways, her opinion of individuals charged with DUI who hire a DUI attorney had changed drastically. The following is a summary of that brief explanation.
In Georgia, like in most States, someone can be charged with DUI based upon alcohol, drugs, vapor/glue, and/or a combination of any of the above. The age of the person and/or the type of vehicle being driven may also have an impact on the type of DUI charge that can be brought.
We will first deal with the DUI charge with which most people are familiar – DUI based upon alcohol. Specifically, in Georgia a person cannot drive or operate a moving vehicle when alcohol has made someone “less safe” to operate that vehicle. “Less Safe DUIs” are based upon physical manifestations that lead a Law Enforcement Officer to believe that you are Under the Influence of Alcohol to the extent that is “Less Safe” for you to operate that vehicle. In addition, if the State obtains a sample of Blood, Breath, Urine or other Bodily Substance, and if that sample indicates that your Alcohol Concentration is higher than what the State has established as the “Per Se Limit,” then you can be charged with a “Per Se DUI” regardless of whether you are “Less Safe” or not. (If you are 21 or older, then your “Per Se Limit” is .08% if you are driving a non-commercial vehicle; if you are under 21, then your “Per Se Limit” is .02%; if you are operating a Commercial Vehicle, then your “Per Se Limit” is .04%).
Now that we have addressed the different “types” of Alcohol DUI Offenses in Georgia, let’s discuss another area of DUI law that has been growing in recent years. Just like you cannot consume too much alcohol to make you “Less Safe” to operate a moving vehicle, you likewise cannot consume a drug or drugs – illegal or legally prescribed – to the extent that it will make you “Less Safe” to operate a moving vehicle. Furthermore, if the suspected drug is an illegal drug (except for Marijuana), then you may be charged with a “Per Se Drug DUI;” in cases involving illegal, non-prescribed drugs, you can be charged and convicted of DUI regardless of whether you are “Less Safe” or not.
In addition to Alcohol and Drug DUIs, you can be charged with driving under the intentional influence of glue, aerosol, or other toxic vapors to the extent that it is “Less Safe” for you to drive. Unlike Scarlett O’Hara in Gone with the Wind, these “vapors” are associated with what has become known as “huffing.” Specifically, a person may intentionally inhale Dust-It or similar aerosols or paint vapors or glue in an effort to become “high.” As you can see from the use of the italics, this is the only type of DUI where the State must actually prove specific intent.
Therefore, as a result of the voluntary ingestion of alcohol, drugs (prescription or illegal), glue/vapors/aerosol, and/or a combination of any of these substances, a person can be charged with DUI in Georgia. Given the complexities involved, if you are arrested for DUI, consider consulting with an experienced and knowledgeable DUI attorney to assist you in defending your rights and protecting your future.
