Defending DUI Per Se Charges in Georgia
Posted by Ben Sessions | | DUI / DWI
The DUI Per Se charge on your citation simply means that you registered above the legal limit on the breath or the blood or in the case of some drug cases, a urine sample. And basically, what that means is that the State is alleging that, regardless of how it was that you drove your vehicle or operated your vehicle safely, or unsafely, that you violated the law by virtue of having an alcohol concentration of greater than legal limit or that you had some type of illegal substance in your blood or urine.
DUI Per Se Drugs Charges?
There are some types of drugs, as I’ve discussed in other videos, that cannot be the basis for a DUI Per Se charge. For example, marijuana. You might think that, yeah, if I just have it in my blood or urine, that I violated the DUI statute. You have not in Georgia, there’s case law versus State, which has controls on this issue. DUI Per Se charges that relate to alcohol are some of the most challenging cases that we face, and you really have to have a qualified lawyer in order to challenge that evidence. You need to challenge it at two stages, both prior to trial for the admissibility of that evidence against you, and at trial, that is what weight that the jury or the judge will give to that evidence.