The State has 6 different ways of bringing a DUI charge. The 2 most common DUI charges are the “per se” charge and the “less safe” charge. The prosecutor’s attack and presentation of evidence is going to differ greatly depending on which count the State proceeds on.
O.C.G.A. 40-6-391(a)(5) is the “per se” DUI statute in Georgia. To sustain this charge, the prosecutor must present evidence that your blood alcohol content was .08 grams or higher or you had any illegal drug in your system, within 3 hours of driving a vehicle. In order to prove this charge, the prosecution must properly admit chemical evidence at trial. Admitting this evidence is a very complex and technical legal process. A good DUI defense attorney will know how to attack the prosecution’s foundations, chain of custody, chemical test results, and other evidence associated with a “per se” charge.
O.C.G.A. 40-6-391(a)(1) is the “less safe” statute. The prosecution proceeds on this charge when the driver of the vehicle refused to take the State’s test, or the driver’s chemical test results were below .08 grams within 3 hours of driving. If the driver refused the State’s test the prosecution is going to have to show manifestations of intoxication. These manifestations may include the driver’s performance on standardized field sobriety tests, the driver’s inability to recite portions of the alphabet, the odor of alcohol, the driver’s admission to drinking, and any acts of less safe driving i.e. speeding, failure to maintain lane, failure to obey a traffic control device, etc. An experienced and trained DUI attorney knows how these tests must be performed, and will fight to insure the evidence against you is accurate and the prosecution’s evidence is not purely circumstantial and without merit.
If the driver took the State’s chemical test and registered below .08 grams of alcohol the State will attempt to present this chemical evidence in addition to the manifestations of intoxication and less safe driving. Again, an experienced and trained DUI attorney will know how to attack the State’s evidence, and vigorously defend you at trial.