DUI (Driving Under the Influence) Related Accidents in Atlanta, Georgia
Drivers driving under the influence of drugs or alcohol can cause significant damage to innocent people and their families. These accidents often cause catastrophic injuries, severe property damage, and other serious consequences.
The numbers from the National Highway Traffic Safety Administration are staggering. One in three people will be involved in a DUI case at some point in their lives, and 17,000 deaths result from it each year.
If you or a loved one have been injured in a crash involving a drunk driver, contact us for a free consultation.
Here are just a few outstanding cases we have won
MARTA BUS Claim
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DUI Attorney Atlanta
After a crash involving a drunk or impaired driver, it is critical to contact a lawyer who will help you get the compensation you deserve. We will work with law enforcement and others to gather valuable information to pursue your personal injury claim. Often, a DUI crash involves a criminal proceeding for the at-fault driver, and his or her DUI defense attorneys often ask for records or test results be destroyed once a criminal trial is over, and that is why it is important to call us right away to preserve this evidence.
You can rely on our experience to get you the full compensation you deserve after being a victim of a DUI accident. From lost wages to emotional trauma and medical bills, we are devoted to guiding you through the processes – from initial consultation to settlement or trial.
Ranked as one of the Top 100 Trial Lawyers by the National Trial Lawyers, our Goal is to Minimize Expenses and Provide the Wronged Party’s Needed Compensation.
Our team recognizes that it can be hard to quantify how your life, or the life of your loved one, has been affected by this tragedy. But we help clients maximize the financial compensation for their case that can help them get back on track by pursuing all available avenues.
Georgia DUI Laws
In Georgia, it is illegal to drive a moving vehicle or be in actual physical control of one while:
- When an individual is impaired by alcohol so that they are less safe to drive;
- When a person is under the influence of drugs to the extent that they are less safe to drive;
- The person may not drive safely if they are under the influence of glue, aerosols, or other toxic vapors;
- Combining any two or more of the substances listed in paragraphs (1) through (3) in such a way as to make driving less safe;
- At any point within three hours after the person has driven or been in actual physical control, that person’s blood alcohol concentration is 0.08 grams or higher; or that person has consumed alcohol before driving or being in actual physical control ended;
- The person’s blood or urine contains marijuana or a controlled substance, including metabolites and derivatives of either or both, regardless of whether or not they have alcohol in their system.
Get a Free Consultation from a DUI Accident Attorney
The sooner you contact a trusted DUI attorney, the better. You can get in touch with us via our contact form or directly by phone. We will provide you with a free consultation to help you decide your next steps and what you can realistically expect throughout the personal injury law process.
DUI is Considered a Crime in Every US State
After a crash involving a drunk or impaired driver that caused injury to you, you need a qualified team of DUI attorneys that will take your personal injury case and get you the best outcome. The drunk driver who caused the accident is likely facing a criminal proceeding as well and you need an experienced attorney to navigate your case.
Statistics Show that People Between 21-25 Years Old Commit 24% of the Incidents
According to the Substance Abuse and Mental Health Services Administration, the rate of incidents declines steadily for adults older than 25.
Remember, you can only recover the damages if you can prove that you suffered the full extent of the damages you’re claiming and that you incurred the damages due to the defendant’s actions.
For Purposes of Legal Liability, Fault Has Three Parts:
- Duty of Care – Establishing that one party owed a duty of care to another is the first part of proving fault. Generally, everyone must take reasonable measures that ensure they don’t cause harm to others and the property of others. In the context of driving, every driver must operate their vehicle with reasonable care at all times.
- Breach – A person’s failure to act as a reasonable person under similar circumstances breaches the duty of care. In a DUI accident case, identifying what the other driver did – or didn’t do – that was unreasonable or careless is essential.
- Causation – Establishing the causation element involves proving a direct link between the drunk driver’s breach of care and the injuries or damage.
What DUI Damages Can I Recover In Civil Court?
If you chose to file a civil action against a DUI driver, your damages can include:
Pain and suffering
Compensation for all your current and future medical expenses
Psychological injuries or/and emotional anguish
Your current and future lost wages
Your current loss of earning ability
Any other economic and non-economic losses
Why do You Need a DUI Accident Attorney
If you are the victim of a DUI driver, our Georgia DUI attorneys are experienced and ready to help you.
We will obtain all the needed information for your case, including the sobriety tests, breath tests, blood alcohol content levels, documentation of property damage, medical expenses, etc. Call us for a free consultation.
Unfortunately, DUI Accidents are Common, and We Face These Kinds of Claims Often
Some injuries are not as severe as others, but sometimes, the consequences can be fatal and give rise to a wrongful death claim. That’s why having an attorney with high reviews is essential. You need an experienced lawyer to help with these highly emotional and complicated claims.
Do Not Postpone Filing a DUI Claim
We know how hard it can be after an accident with a DUI driver that has left you or a loved one with injuries that have changed your life. These are highly emotional cases as you struggle with the at-fault driver’s bad decisions. But it is important not to postpone filing a claim or talking to a DUI accident attorney.
Strategies, Tactics, and Defense for Atlanta DUIs
A client’s prior criminal history is taken into account under Georgia DUI laws under OCGA 40-6-391 for relevant, similar crimes to the current one (e.g., a prior “DWAI” conviction in New York). A drunk driving conviction from another state could play a major role in a new drunk driving charge in Georgia if you were previously convicted of a drunk driving offense. First-time offenders, for instance
Georgia defends DUIs quite differently than 2nd DUIs within the past five years. For a case to stand a chance of being acquitted, evidence from blood tests, urine tests, DNA analyses, drugs kits, breathalyzer tests, or fingerprints (for example, field sobriety tests that are 100% optional and designed to be failed) must be refuted or otherwise contradicted, e.g., video evidence, police reports, and witnesses.
What Our Law Firm Does for DUI-DWI Cases in Georgia
Who is responsible for my injuries with a DUI driver?
There may be more than one person liable for your injuries. It may be the driver, the owner of the vehicle, or a bar, restaurant, or social host who served alcohol to the driver. Each case is different.
How do I know if my case is eligible for a claim?
We offer a free consultation so you can contact us, tell us about your case, and then we can tell you whether you can file a claim. Then you can book an appointment for a consultation in person.
Can you drive under the influence of prescription drugs?
Having a prescription for a particular drug is not enough to make one safe from harm.
O.C.G.A § 40-6-391 – Any person driving in Georgia must also submit to chemical tests administered by the state to determine if they are under the influence of alcohol or drugs by blood, breath, urine, or other bodily substances.
What happens if you refuse the breath or blood test in Georgia?
If you refuse to take this test, your Georgia driver’s license or privilege to drive on Georgia highways will be suspended for at least ONE YEAR. Additionally, refusal to take this test can be used against you in court.
What is Georgia’s implied consent law?
As a driver in Georgia, you have already consented to this implied consent law. If you have been arrested for DUI, a chemical test will be requested only after you have been arrested. When you are stopped by the police, the following consent notice should be read to you as soon as possible:
In order to determine whether you are under the influence of alcohol or drugs, Georgia law requires you to undergo state-administered chemical tests of your blood, breath, urine, or other bodily substances.
A minimum of one year will be imposed on your Georgia driver’s license or privilege to drive on Georgia’s highways if you refuse this testing. In court, you may be charged with refusing to submit to the required testing.
What is the illegal BAC in Georgia?
Your Georgia driver’s license or privilege to drive on Georgia’s highways may be suspended for a minimum period of one year if the results show you have an alcohol concentration of 0.02 or 0.08 grams (depending on your age and status). Once you have submitted to the state-mandated tests, you are entitled to additional chemical tests involving your blood, breath, urine, or other bodily substances at your own expense.
You can read more about types of BAC testing in Georgia in our legal resources section.
Can a DUI charge be dismissed in Georgia?
You may even be able to have your drunk driving charges dismissed outright with the help of an experienced and aggressive Atlanta DUI attorney.
Georgia DUI Punishment, Penalties
- 1st & 2nd Offense DUI Georgia – The first and second convictions of driving under the influence on multiple occasions are misdemeanors.
- 3rd Offense DUI Georgia – Punishment – A third DUI conviction will result in a high and aggravated misdemeanor.
- 4th Offense DUI Georgia Jail Time – Felony – The fourth or subsequent offense is a felony offense.
Other DUI Penalties
First-time offenders may be sentenced to jail, fined, and have their licenses suspended for one year in Georgia. The cost of insurance will also rise. After losing your driving privileges, you may have difficulty traveling to work.
You will almost certainly lose your job if you work in an industry that requires a commercial driver’s license (CDL).
Underage driving has a variety of consequences. In terms of fines, the amount owed varies. Depending on the judge, a driver can be sentenced to various months or years. If you want someone to advocate on your behalf, you need an attorney with experience. A DUI attorney should thoroughly understand all the different levels and tiers.