{"id":372831,"date":"2017-08-09T18:13:58","date_gmt":"2017-08-09T23:13:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/georgia-law\/your-augusta-dui-case-the-basics.html"},"modified":"2021-04-02T06:29:42","modified_gmt":"2021-04-02T11:29:42","slug":"your-augusta-dui-case-the-basics","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/georgia-law\/your-augusta-dui-case-the-basics.html","title":{"rendered":"Your Augusta DUI Case: The Basics"},"content":{"rendered":"\n
\n \n
\n

Your Augusta DUI Case: The Basics<\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Georgia may be nicknamed after a stone fruit, but there’s nothing "peachy" about getting a DUI conviction in this state. This is especially the case in Augusta. If you or someone you know has been arrested by the Richmond County Sheriff or the Georgia State Patrol for driving under the influence of alcohol, drugs, or a combination of both, you’re probably wondering what will happen next.<\/p>\r\n

Here are some things to know if you’ve been arrested and charged with a DUI in Augusta.<\/p>\r\n

Georgia DUI Charges<\/h2>\r\n

In Augusta, there are two ways a driver can be in violation of DUI laws<\/a>:<\/p>\r\n

    \r\n
  1. Someone is driving and determined to be under the influence of alcohol and\/or drugs;<\/li>\r\n
  2. Someone is driving and your chemical test (blood, or breath) result is 0.08%. Blood Alcohol Content (BAC) or higher.<\/li>\r\n<\/ol>\r\n

    Tell Me More about Georgia’s DUI Laws<\/h2>\r\n

    You can be in violation of the DUI laws if you are considered "under the influence." Here, the Office of the Solicitor General for Richmond County would need to prove that you were driving a vehicle after having consumed alcohol or drugs, or a combination of those, and that this made you unable to safely operate your vehicle with the care and caution of a sober person. You can be found guilty of DUI even if your blood alcohol content (BAC) is less than 0.08. This often happens if field sobriety tests<\/a> show you are mentally or physically impaired.<\/p>\r\n

    The second way you can be in violation of the law is if your blood or breath alcohol content registers as 0.08 or more on a test. When that happens, it gives rise to a fancy legal phrase called a "rebuttable presumption<\/a>." Basically, this boils down to the idea that if a defendant’s BAC is .08 or higher, it may mean the defense has a tougher case on its hands.<\/p>\r\n

    Georgia DUIs Carry Two Separate Penalties<\/h2>\r\n

    If you are arrested for a DUI, you’ll likely have to deal with both a criminal case and a license suspension. The Georgia Department of Driver Services<\/a> (DDS) will handle your license suspension pursuant to the implied consent laws<\/a> and Augusta criminal courts<\/a> will administer your criminal penalties. These are two separate and distinct processes that don’t rely on each other.<\/p>\r\n

    Potential DUI Consequences<\/h2>\r\n

    The courts impose criminal penalties including:<\/p>\r\n