The 6 Different Types Charges Print E-mail
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 There are actually six different types of DUI violations under Georgia law.  O.C.G.A. § 40-6-391 states that:  

(a) A person shall not drive or be in actual physical control of any moving vehicle while:

(1)  Under the influence of alcohol to the extent that it is less safe for the person to drive (we commonly refer to this as Georgia’s DUI – Alcohol [Less Safe] Law); 

(2)  Under the influence of any drug to the extent that it is less safe for the person to drive (we commonly refer to this as Georgia’s DUI – Drugs [Less Safe] Law); 

(3)  Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive (we commonly refer to this as Georgia’s DUI – Toxic Vapor [Less Safe] Law); 

(4)  Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive (we commonly refer to this as Georgia’s DUI – Alcohol and Drugs [Less Safe] Law); 

(5)  The person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended (we commonly refer to this as Georgia’s DUI – Alcohol [Per Se] Law); or 

(6)  Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether any alcohol is present in the person's breath or blood (we commonly refer to this as Georgia’s DUI – Drugs [Per Se] Law). 

 SPECIAL CONSIDERATION: GEORGIA LAW STATES THAT A PERSON CHARGED WITH DUI IS NOT ABSOLVED OF GUILT BY VIRTUE OF THE FACT THAT THE PERSON IS LEGALLY ENTITLED TO USE A DRUG. IN OTHER WORDS, YOU MAY BE TAKING A DRUG UNDER A PRESCRIPTION ISSUED BY YOUR DOCTOR AND STILL BE CHARGED WITH DUI. 


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