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Georgia DUI Serious Injury Cases – “Serious Injury” Defined

Accidents resulting in serious injuries or death that involve alcohol or drug consumption are among the most intensely prosecuted and litigated cases in criminal law. The reason for the intensity of the prosecution of these offenses is clear and need not be discussed at-length here. Our purpose is simply to inform you of the various elements which must be proved by the state in the serious injury or death case.

A critical element in the serious injury by vehicle case involving an alleged DUI offense (also referred to as DUI – Serious Injury) is the admissibility of the state-administered chemical test. In this article, I will not attempt to address each of the issues which I consider in evaluating the admissibility of the state-administered chemical test in a DUI serious injury case. Instead, this article will simply be the first of a series of posts on this subject.

Why is the admissibility of the state-administered chemical test so important in the defense of the Georgia DUI serious injury case?

The answer to this question is relatively straightforward: without the state-administered chemical test, the prosecution generally has very little evidence of impairment or intoxication in the DUI serious injury case. Because the DUI serious injury case generally involves an accident (generally, a high-impact and traumatic accident), most of clients involved in DUI serious injury cases are not good candidates for balance and coordination tests that are generally relied upon by officers to demonstrate impairment by alcohol or drugs in DUI cases.

One of the first issues that must be addressed in this class of DUI case is whether the injury meets the definition of a serious injury. O.C.G.A. § 40-5-55, Subsection (c) defines a serious injury:

As used in this Code section, the term “traffic accident resulting in serious injuries or fatalities” means any motor vehicle accident in which a person was killed or in which one or more persons suffered a fractured bone, severe burns, disfigurement, dismemberment, partial or total loss of sight or hearing, or loss of consciousness.

Blog Post Provided By:

The Sessions Law Firm
3155 Roswell Rd., Ste. 220
Phone: 470-225-7710

About the Author

Ben Sessions, Attorney at Sessions Law Group
Ben Sessions

I work to provide exceptional service, attention, and results to each of my clients. Most of clients come to me because they are in a completely overwhelming situation. They need someone that will do more than address their legal problems.


Hiring a lawyer is about more than getting a great result in your case. We understand that for many of our clients, the event that led them to call us causes them tremendous stress and anxiety. We will help you understand the process and how we can help. When you hire The Sessions Law Firm for your case, you will have a lawyer that is willing to take the time to help you and committed to delivering the best results possible.