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Drunk Drivers: Do They Always Receive Criminal Punishment?


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5/1/2012
Shane Smith
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Driving over the legal limit of a .08 Blood Alcohol Concentration (BAC) is illegal in Georgia. When an impaired driver violates state law, it is considered a crime against the state of Georgia.

However, not every impaired driver gets charged with a crime. If the state can prove that the impaired driver injured or killed another person while operating a vehicle under the influence of alcohol or drugs, then the state of Georgia has a right to prosecute the driver for the crime in attempt to obtain a conviction. 

Sometimes the drunk driver may not be charged with the crime for several days or weeks after injuring a Georgia drunk driving accident victim. This is because blood test results can be delayed. However, when positive evidence is confirmed, then the drunk driver can be arrested and charged with the crime.

The driver responsible for hitting a Georgia drunk driving accident victim will face a criminal hearing in Georgia prior to pursuing a civil case if he has either:

  • Had a prior arrest for the same charges, or 
  • Has an extremely high BAC.

The prosecuting attorney will either:

  • Charge the drunk driver with the crime, 
  • Charge the intoxicated driver with fewer charges, or 
  • Not charge the driver with anything if there was a lack of evidence.

If the driver was charged with a crime, then the criminal justice process will begin.  

If you are a Georgia drunk driving accident victim and you want more information about the criminal process involved in a drunk driving case, then call an Atlanta DUI injury attorney at the Law Offices of Shane Smith today at 770-HURT-999 or (866) 979-1629. We can provide a free consultation to discuss your case. You may also benefit from reading a complimentary copy of our book, I Was Hit by a Drunk Driver: What Do I Do Next? The Guide for Victims of Georgia Drunk Driving Accidents.



Category: The Criminal Process

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