Atlanta DUI Accidents Driving while under the influence of alcohol or prescription or illegal drugs can have serious

immediate and long-term consequences. Laws in the state of Georgia permit punishment of those who cause injury or death while driving impaired, including monetary punishment for injuries suffered. All too often, insurance companies will not deal fairly with those who have been hurt by an impaired driver unless an attorney becomes involved to represent the victim. If intoxication or impairment leads to a collision causing injury or death, according to Georgia law, the driver may be punished by an award of punitive damages to the victim or the victims surviving family. In the state of Georgia, stores, bars, and restaurants can also be, under certain circumstances, held accountable for over-serving alcohol to already intoxicated individuals or for serving alcohol to minors. Passengers in vehicles operated by a drunk driver, who have themselves been injured due to the impaired driving of another, may also have a justifiable claim against the impaired driver. Collisions with large, heavy tractor-trailer trucks can be deadly or can cause permanent disability. Unfortunately, some truck drivers fail to act responsibly and drive while impaired from the effects of alcohol or prescription or illegal drugs. Children, a spouse, or another close surviving family member can usually recover damages on behalf of their loved one who became a victim of someone driving under the influence of alcohol or drugs. The term wrongful death applies when anothers actions or deeds contribute to or are the cause of the death of someone else. Harm may not have been intended, but in this case, intoxicated driving has caused the end result of loss of life. An attorney who has experience both in wrongful death cases and in DUI cases can help loved ones obtain compensation and damages against the person whose actions caused the death of their family member. Driving While ImpairedGeorgia Law In the state of Georgia, drivers are prohibited from operating a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or higher. There are separate, lower blood alcohol concentration limits for young drivers under the age of 18 as well as for drivers of commercial vehicles. For persons under the age of 18, Georgia law sets the blood alcohol content limit at .04. Also, drivers of commercial vehicles in the state of Georgia are subject to a legal BAC of .04. Georgia also has an open container law in place, which states that open containers containing any amount of an alcoholic beverage is prohibited from being inside a motor vehicle. This law takes

into account containers with broken seals or containers which have had the alcohol removed by pouring it on the road or on the shoulder of any public highway. The result of the first Driving Under the Influence conviction in Georgia may be a one-year sentence in jail with a fine up to $1,000.00 dollars. The convicted individuals drivers license may be suspended for up to one year and as much as 40 hours of mandatory community service may be assigned. Georgia House Bill 336 was passed and put into effect in May, 2008. This bill put in place the declaration of fourth offense habitual violations of drunk driving laws as felonies. A fourth offense conviction of driving under the influence results in a fine of up to $5,000.00 and an imprisonment of up to five years. The completion of a DUI Alcohol or Drug Use risk reduction program is also required along with sixty days of assigned community service. Finally, Georgias statutes contain an Implied Consent Law. This law requires that drivers suspected of driving under the influence of alcohol or prescription or illegal drugs submit to state chemical tests of breath, blood, or urine in order for a determination to be made as to the guilt or innocence of someone suspected of DUI. Refusal to submit to testing means that the drivers operators license will be suspended for the period of one year. Georgia Fifth Highest in Motor Vehicle Fatalities In the state of Georgia in 2008, there were 1,493 people killed in motor vehicle accidents, making the state the fifth most deadly state in the U.S. for traffic accidents/collisions. Of the 1,493 total fatalities in Georgia, 489 of these deaths were alcohol use related. This means that 33 percent of all highway fatalities were caused by drivers who drove under the influence of alcohol. On May 13th, 2010, Georgia Governor Sonny Perdue signed House Bill 1055 into law. Whether or not this Bill will lead to fewer incidents of driving under the influence or to greater safety on Georgia highways, it will certainly generate massive revenues for the state. In the effort to stem some of the states growing deficit, this new law will dramatically affect all new DUI arrests because it will add an immediate fee to be paid by those accused of driving under the influence in order to save driving privileges following an arrest for DUI. Georgia now requires payment of a $150.00 filing fee which must accompany license suspension hearing requests, which are related to DUI arrests. Without receipt of this fee, no hearing will be scheduled by the Office of State Administration Hearings, and the drivers privilege to drive on Georgias highways will be suspended with on appeal permitted. Outcomes

Mothers Against Drunk Driving (MADD) statistics indicate that in the last two years over 27 percent of fatal traffic accidents in the state of Georgia were due to the actions of drivers who were under the influence of alcohol. The U.S. Department of Transportation has found that nearly one-third of DUI accident victims are not the intoxicated drivers themselves, but instead their passengers, pedestrians, or innocent people driving or riding in other vehicles with which the intoxicated drivers vehicle collided. Driving while under the influence of alcohol or prescription or illegal drugs is well known to be the cause of extremely serious outcomes: Wrongful Death Brain trauma/damage Coma Injuries Requiring Amputation Injuries to the Spinal Cord Resulting in Partial Paralysis or Quadriplegia Severe Burns Depression and Phobias Lost Wages Loss of Quality of Life Medical Costs for Surgeries/Procedures and Rehabilitation/Physical Therapy Have You or a Loved One Been in an Accident with Someone Impaired by Alcohol or Drugs? Contact the Georgia DUI attorneys at Millar & Mixon, LLC. Call (877) 475-8927 or fill out our online contact form. These articles are provided for informational purposes only and should not be considered legal advice. Professional legal counsel should be sought for specific advice relevant to your circumstances.