Atlanta DUI Lawyer William C. Head

October 21, 2008

Georgia Alcohol Laws

Filed under: Uncategorized — atlantaduilawyer @ 4:24 am
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Georgia has many laws pertaining to the sale, consumption, and distribution of alcohol. I would like to review the most common statutes and how they apply to you.

In Georgia, bottled spirits (distilled alcohol, or hard liquors) are sold only in retail package stores. Beer and wine may be sold in grocery stores and convenience stores with a license. Alcohol sales are not permitted in retail stores on Sundays. However some restaurants may serve alcohol on Sunday, depending on the percentage of sales and local regulations. Most restaurants in the state are allowed to serve alcohol from 6 a.m. until midnight, if local regulations permit.

Servers in bars and restaurants must be at least 18 years old in order to serve alcohol.

Georgia’s Open Container Laws state that bottles of alcohol that have already been opened must be transported in the trunk where the driver or passengers do not have access.

In Georgia, the legal age to consume alcohol is 21 years old.

Like all of the other states, the maximum blood alcohol content (BAC) that a person may have in his or her system while operating a motor vehicle in Georgia is 0.08 percent. If your BAC is over this limit, you will be charged with a “per se” violation. Even if your driving was not impaired by alcohol, you may be convicted of DUI based on your BAC alone.

Georgia has Zero Tolerance laws that are intended to keep minors from consuming alcohol and then driving. Drivers under the age of 21 may be arrested for driving under the influence with a BAC of 0.02 percent or higher.

Drivers who refuse to take a chemical test or who have an excessively high BAC (0.15 percent or higher) are subject to stricter penalties. Refusing to take a breath, blood, or urine test will lead to a one-year driver’s license suspension by the DMV, with no chance of a limited permit.

An ignition interlock device may be ordered for a second DUI conviction. This device must be installed and maintained at the offender’s expense.

Georgia Ignition Interlock Devices

Filed under: Uncategorized — atlantaduilawyer @ 2:27 am

Ignition interlock devices are becoming one of the newest tools to allow people convicted of driving under the influence back on the road as part of a probation agreement.

You may wonder just what an ignition interlock device is. It is a system used to determine whether or not you have consumed alcohol before starting up your vehicle. To use the device, you must blow into the handheld device, which is usually attached to the dashboard of the vehicle. If your blood alcohol content, or BAC, is over a certain limit, the vehicle will not start. This limit is normally set to .02 or .04 percent.

For ignition interlock devices to be approved by the NHTSA, they must require a “rolling retest” in addition to the initial “start” testing. This rolling, or running, retest is to circumvent drunk drivers from having sober friends take the initial test to start the vehicle. If the driver fails the rolling retest, or refuses to take it, the vehicle’s lights will flash until the vehicle has been stopped. The device will also record this information.

Many people erroneously believe it might be easy to trick an ignition interlock device. This is untrue. Sophisticated safeguards have been developed making it very difficult to circumvent the device.

The driver must pay the cost of installation and maintenance for an ignition interlock device. The driver must also bring the device in periodically to be maintained.

These devices allow DUI offenders to run errands, go to work, pick up the kids from school, and otherwise lead an undisrupted life.

While ignition interlock devices can be helpful for people who would otherwise not be allowed to drive, it is not a perfect system. For example, it is impractical to order someone to have an ignition interlock system on every vehicle he or she owns.

It is also very easy for a driver to simply avoid the ignition interlock device by driving another vehicle without this system.

Are ignition interlock devices a good solution for people who have been convicted of driving under the influence?

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