If you’ve gotten a citation that lists O.C.G.A 40-6-391, it’s addressing driving under the influence of alcohol, drugs, or other intoxicants. You might be confused, though, by other numbers and letters listed in addition to O.C.G.A 40-6-391. What are the different charges that fall under this particular statute?
To put it simply, there are six different charges that fall under the umbrella of DUI in Georgia. If you’re interested in reading the full text of O.C.G.A 40-6-391, you can do so by clicking here, but for now, we’ll explain them to you in practical terms.
- DUI Less Safe: Less safe driving under the influence of alcohol. For this type of charge, you don’t have to have a certain blood alcohol level, but can be convicted based on the circumstantial evidence of an officer believing you to be impaired.
- Less Safe Driving Under the Influence of Drugs. The evidence needed to convict on this charge is exactly the same as in the previous charge, and having a prescription for the drug in question does not exempt you from conviction.
- Per Se Driving Under the Influence of Alcohol. This is the basic DUI charge, and means that the driver’s blood alcohol concentration was .08 or higher at the time of the citation. For drivers under age 21, the legal limit is much lower; they only need .02 to be charged.
- Combined Influence of Two or More Specific Drugs. This applies to alcohol combined with any other drug, alcohol combined with aerosol or glue, or any drug combined with glue or aerosol.
- Under the Influence of Glue, Aerosols, or Toxic Vapors. While it may seem an unnecessary addition to the DUI, this a subsection applies to exactly the substances listed.
- Under the Influence of Marijuana or a Controlled Substance per Se. A driver is not allowed to be in control of a motor vehicle when under the influence of any amount of marijuana or other controlled substance.
Attorney Ray Giudice Defends Those Charged With O.C.G.A. 40-6-391
The intricacies of Georgia DUI law can be extremely confusing, and the penalties are equally harsh. Carrying penalties that include fines, community service, jail time, and mandatory counseling, O.C.G.A. 40-6-391 is not something to be taken lightly. Your best bet is to find an ally who understands the law, and has experience in defending the rights of those accused of any of these serious charges.
Atlanta based Raymond Giudice attorney can be that kind of ally, using his three decades of experience defending people charged with every type of DUI to help you fight the charges against you. When you need to hire an expert who will aggressively fight to protect your rights and freedom, and do whatever it takes to achieve the best possible results for you, call the DUI lawyer Atlanta residents trust—Raymond Giudice. Contact our office (404) 554-8800, or call Ray on his cell (404) 964-4185, to schedule an appointment for a free consultation. Our phones are answered 24 hours a day, seven days a week.
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