DUI charges in Gwinnett County can carry serious consequences, including license suspension, fines, probation, and possible jail time. Many people charged with DUI have never been arrested before, making the process especially intimidating. Understanding how DUI cases work in Georgia helps individuals make informed decisions. Many defendants consult Gwinnett County DUI lawyers to understand the evidence against them and how the legal process may unfold.
How DUI Charges Start
Most DUI cases begin with a traffic stop. Officers may stop a driver for:
- Speeding or traffic violations
- Swerving, unsafe lane changes, or erratic driving
- Checkpoints
- Accidents
After the stop, officers look for signs of impairment, such as odor of alcohol, bloodshot eyes, or slurred speech. This observation can lead to field sobriety testing and possible arrest.
DUI vs. “Less Safe” Driving in Georgia
Georgia recognizes more than one way a DUI charge may be pursued:
Per Se DUI
A driver may be charged if a chemical test shows a blood alcohol concentration (BAC) of 0.08% or higher for most adults.
DUI Less Safe
Even if the BAC is below 0.08% (or no test exists), prosecutors may allege the driver was “less safe” to drive due to alcohol or drugs. This is based on officer observations and other evidence.
Understanding which theory is being used matters for defense strategy.
Field Sobriety Tests and Their Limitations
Field sobriety tests are commonly used but not always reliable. Tests may include:
- Walk-and-turn
- One-leg stand
- Eye movement testing
Performance can be affected by fatigue, injuries, medical issues, nervousness, or uneven surfaces. Gwinnett county dui lawyers often evaluate how the tests were administered and whether the conditions were appropriate.
Breath and Blood Tests
Chemical tests can include breath, blood, or urine testing. Key issues may involve:
- Calibration and maintenance of equipment
- Proper observation periods before breath tests
- Chain-of-custody procedures for blood samples
- Timing issues (BAC can rise after driving)
Challenges to testing procedure can be central in some cases.
Administrative License Suspension Issues
Georgia DUI cases often involve immediate license consequences. Drivers may face administrative license suspension unless they request a hearing within a short deadline. Missing deadlines can lead to automatic suspensions even while the criminal case is pending.
Common Penalties
Penalties depend on prior history and case details, but may include:
- Jail time or probation
- Community service
- Fines and court costs
- Mandatory alcohol programs
- License suspension
- Ignition interlock requirements in certain situations
Understanding these outcomes helps defendants evaluate options and potential resolutions.
Final Thoughts
DUI cases in Gwinnett County involve both legal and administrative procedures. Understanding how stops, testing, and evidence work can make the process less confusing. Consulting gwinnett county dui lawyers helps individuals understand their rights and the steps involved in responding to a DUI allegation.
