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Buford DUI Lawyers

1. Bagwell,Kiala: There Are Two Main Types of DUI Cases in Georgia The first important thing to understand about your DUI is that there are generally two different types of DUI cases in Georgia. The first is called "Per Se" DUI and the second is called "Less Safe Driver" DUI. Falling under one category or the other can greatly change the way your DUI defense is handled. Per Se DUI To be charged with a "Per Se" DUI, you must either have an unlawful blood alcohol content (BAC) or you must be under the influence of any amount of contraband drugs. For this type of DUI, the prosecutor (the person representing the government at trial) does not have to show that you were a "less safe driver," but rather only that you had an unlawful BAC or were under the influence of contraband drugs. At Kaila Bagwell, our attorneys understand the rules of evidence and will attempt to suppress the evidence of your BAC. If we are successful at suppressing this evidence, the prosecutor will either be forced to move forward with a "less safe driver" case or drop the charges against you altogether (both of these actions are favorable to you). During your free consultation with us, we will spend some time determining exactly how the arresting officer tested your BAC and discuss whether it is likely that we can have that evidenced suppressed or not. What constitutes an unlawful BAC depends on a few different variables and will be discussed below. This is the most commonly referred to type of DUI and, for that reason, most people think that this is the only type of DUI. However, in Georgia, there is also a second type of DUI: the "Less Safe Driver" DUI. Less Safe Driver DUI If you have any alcohol in your system, no matter how small that amount is, you may still be charged with a "Less Safe Driver" DUI provided that the alcohol made you a "less safe driver" than you otherwise would have been. In this type of case, the prosecutor must show that you were under the influence of any amount of alcohol and that the consumption of the alcohol caused you to be a "less safe driver." In most of these types of trials, the prosecutor will likely offer the testimony of the arresting police officer. The officer may testify to observations that he made at the time of your arrest such as bloodshot eyes, the smell of alcohol on your breath or slurred speech.