Unfortunately, many assume they will get off with a warning if pulled over for drinking and driving for the first time in Georgia. However, this is far from the truth as the consequences for this offense can be serious. You face potential jail time and hefty fines, and this charge can also appear on a background check. As such, it’s in your best interest to explore your legal options with a Cobb County DUI lawyer to determine the best course of action for your circumstances.
What Warrants a DUI Charge in Georgia?
In Georgia, like other states, you are charged with a DUI if you are driving with a Blood Alcohol Concentration (BAC) at or above the legal limit of 0.08%. This is considered a DUI per se, as the police need no further evidence to hold you liable for this crime. However, you can face a DUI charge if you are below the legal limit for detectable alcohol in your system but the officer who conducted the traffic stop has reason to believe you are inebriated.
You should also know that if you are under 21 and caught driving with a Blood Alcohol Concentration (BAC) at or over 0.02%, you will be charged. This is considerably lower than the 0.08% legal limit, due to the fact that no one under 21 is legally allowed to consume alcohol.
Will a Conviction Show on a Background Check?
Unlike other states that consider a DUI a traffic violation, meaning it will not appear on a background check, Georgia does not follow these ideals. Instead, you’ll find that a DUI conviction, even a first-offense misdemeanor charge, will appear on a background check. This can impact your job opportunities, especially if you have a career that requires you to operate a vehicle.
You should know that if you are arrested but never convicted for a DUI for whatever reason, you do not have to disclose the arrest since it did not result in a conviction.
It’s also important to note that a DUI cannot be expunged from a criminal record, meaning this charge will remain forever. As such, it’s important to fight the charge from the moment you are placed under arrest with the help of an experienced criminal defense attorney. Your attorney may be able to prove that there was an issue with the breathalyzer device used in the traffic stop or that the stop violated your constitutional rights, thus having the evidence collected deemed inadmissible.
At Miller Law Practice, we understand how complex these matters can be. Unfortunately, many are unaware of their rights when facing a DUI charge, which can lead to unfavorable outcomes. As such, our firm is ready to represent you to ensure you understand the rights afforded to you as a criminal defendant. If you need help, connect with our experienced team today to discuss your circumstances.