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20-Year-Old DUI Driver Kills Passenger in Second DUI Charge

According to statistics from the National Highway Traffic Safety Administration (NHTSA), DUI accident fatalities increased from 9,865 in 2011 to 10,322 in 2013. The NHTSA reported that the majority of DUI accidents with fatalities involved drivers whose blood alcohol concentration (BAC) was 0.15 percent or higher, or almost twice the legal limit. A 2006 study by the NHTSA estimated that there is one drunk driving fatality in the United States every 30 minutes.

Georgia's Driving Under the Influence Laws are complex. Georgia DUI injury attorney Shane Smith can sort through the intermingled laws that potentially create complications in a DUI case.

A 20-year-old man in another state flipped his truck and killed his 20-year-old passenger. According to the police report the passenger's torso was crushed beneath the truck and he was pronounced dead at the scene. Several empty beer cans were found inside the truck.

The public portion of the driver's Facebook page included a photo of him holding a beer with a comment from a friend, "…of course you had a beer in your hand. Wouldn't be a photo of you without one."

The driver had pleaded no contest to a DUI charge a year earlier. As a result of the earlier charge he had his license suspended for three months. A year earlier he was charged with DUI and obstructing a police officer but the DUI was dismissed. 

Georgia has a zero tolerance law for underage drinking and driving. Though the illegal BAC for drivers over 21 years old is 0.08 percent, drivers under 21 can be charged with DUI with a BAC of 0.02 percent. Teen drivers can be charged with DUI in a minor accident if a chemical test indicates that they have a small amount of alcohol in their system. Despite this, there are no age-related regulations for driving under the influence of drugs. 

If you have questions about Georgia DUI laws, get the answers in Clayton County DUI injury attorney Shane Smith's book, I Was Hit By a Drunk Driver: What Do I Do Next?

If a death is caused by the negligence of another then the decedent's family may be entitled to legal relief through a wrongful death lawsuit. You should hire an experienced Clayton County wrongful death attorney if you will file a lawsuit on behalf of a family member who died due to another's negligence. Call the Law Offices of Shane Smith for a free consultation.


Shane Smith
Advocate for the Seriously Injured in Georgia