Kennesaw & Acworth Drinking and Driving
There are several provisions under the Code of Georgia but there are a few key things to note. In Georgia there is Implied consent when it comes to testing for blood alcohol content (BAC). Those who refuse to take a blood, breath, or urine test after they have been pulled over for probable cause faces immediate license suspension for up to five years, depending on how many times they have refused such a test. Paying a fine and completing a program to reduce alcohol and drug use can shorten this sentence. The BAC limits in Georgia are .02% for those under 21, .04% for commercial drivers, such as bus or truck drivers, and .08% for the general public over 21. Penalties for the DUI itself include license suspension or revocation, jail time between 24 hours and 5 years, fines from $300 to $5000, and if the DUI is not a first offense, the offender may be required to install an ignition interlock devise on their vehicle.
Having clear consequences for drinking and driving is important. According to data collected by Mother’s Against Drunk Driving, there 5,700 reported alcohol related crashes in 2012, and more than 300 fatalities. Over a quarter of the traffic related deaths in Georgia somehow involved driving under the influence. Georgia drinking and driving laws are among the toughest and best enforced in the nation, yet still fatalities rose 11% between 2011 and 2012.
If you were injured in a car accident, there’s a relatively good chance that alcohol was involved, and it is something that needs to be taken into consideration when calculating the compensation you deserve after the accident. This is one of the details that a Marietta drunk driving lawyer will investigate when handling your personal injury claim. Those who choose to drink and drive knowingly put themselves and others at a higher risk of injury, which makes these accidents that much less accidental.
At the Law Offices of Roger Ghai, you’ll get a drunk driving attorney that will dig into the details of a case and the DUI history of the driver in order to assure that they are held responsible to you and your family personally in addition to any criminal consequences they may face.
Some people don’t seek out a Kennesaw drunk driving attorney after an accident because they figure their insurance company will take care of everything as far as their settlement goes, and that the driver will be dealt with under the criminal justice system. Unfortunately, these people are often short changed because criminal consequences for drunk driving in Marietta or Kennesaw are completely separate from any civil action.
Insurance companies are wired to get away with granting settlements as low as they can get away with in order to keep the business profitable. This why after any personal injury it’s important to work with a Kennesaw or Marietta drunk driving attorney to see that the alcohol factor, as well as all other factors are considered so that you get the compensation you deserve.
The Law Offices of Roger Ghai has extensive experience in personal injury and wrongful death lawsuits where alcohol has been a factor. They have also been successful with many insurance coverage pursuits. If you’ve been hurt in an accident, you owe it to yourself to see that everything is considered when your compensation is calculated. Call the Law Offices of Roger Ghai at (770-792-1000) to discuss your options in more detail.
For a free legal consultation with a drinking driving accidents victim lawyer serving Kennesaw, call (770) 792-1000
Kennesaw Drinking Driving Accident Victim Lawyer Near Me (770) 792-1000
Avoiding Car Accidents in Kennesaw During the Holidays
kennesaw ga car crash lawyer
The holidays are that time of the year when we finally get to relax, many of us traveling near and far to visit with family, exchange gifts and traditions, share food, etc. Many of us travel in and outside of Georgia to visit family, and look forward to it all year long.
However, in and outside of Kennesaw, this is also the time of year when car accidents are the highest, as people often drink at holiday and New Year’s parties, and/or drive in poor weather conditions, which can increase their chances of getting in an accident. Specifically, the number of fatalities involving alcohol-impaired drivers soar during the Christmas period and New Year’s holiday, and having more travelers in general on the roads only adds to the problem.
Consequences: Drinking & Driving in Georgia
Unfortunately, in spite of the years of outreach that’s been done to educate the public about the dangers of drunk driving and driving under the influence, driving under the influence is still one of the main causes of auto accidents. According to statistics gathered by Mothers against Drunk Driving, every two minutes, someone is injured in a drunk driving crash, and every day in the United States alone, close to 30 people die as a result of drunk driving crashes; that’s more than 10,000 people per year, hundreds of them in the state of Georgia alone.
In Georgia, the penalties for a Driving under the Influence (DUI) conviction are stiff: Even first-time offenders face jail time, significant fines, and license suspension. Specifically, the law makes it illegal to operate a vehicle if you have a blood alcohol concentration of .08 percent or higher (for regular passenger vehicles), .04 percent (for commercial vehicles), and .02 percent (if under the age of 21).
In addition to criminal penalties and a DUI on your record, if you are convicted of a DUI, your insurance premiums can also increase, you could lose your job and/or license, and perhaps most importantly, you could injure or kill someone else. You could also face a civil lawsuit from anyone who was injured or had their property damaged due to your criminally reckless behavior, as that is often the best way for victims to obtain justice. Georgia is NOT what’s known as a no-fault state, whereby any victim injured by a drunk driver would first have to look to the insurance company for compensation unless your claim exceeds a certain amount; in Georgia, you are free to pursue civil claims against those responsible for the car accident that left you injured, unable to work, and suffering.
Icy Conditions on the Road
Experiencing inclement weather during the holidays can only add to the problem. Even Georgia gets its fair share of snow in the winter, especially in the northern part of the state. During inclement weather–when the roads have icy patches–officials will sometimes warn drivers that, in order to exercise reasonable caution and keep themselves and others safe on the road, motorists need to slow down and stay behind spreading equipment, keeping at least 10 car lengths between their cars and the hopper spreaders. They also advise that drivers be especially aware of black ice conditions on bridges and exit ramps, and that having technology–such as traction control–can be beneficial, but should never replace reasonable, cautious driving practices.
Bringing a lawsuit against someone after a car accident occurred in bad weather is sometimes not quite as clear-cut as if those poor road conditions didn’t exist; for example, it may be more difficult to determine whether the driver responsible for the accident was traveling too fast for those particular road conditions, regardless of what the posted speed limit was. In these instances, consulting with an experienced auto accident attorney will help ensure that you are taking the proper steps to protect yourself. For example, it may also be the case that a local government agency is also partially responsible in your accident after failing to maintain the road and make it reasonably safe for drivers. These kinds of determinations can only be made via thorough investigations and those who know the law, locally, near where the accident occurred.
That being said, driving under the influence and driving too fast for icy road conditions are not equal under the eyes of the law: driving under the influence is breaking the law, and constitutes reckless conduct, not just negligence. For example, in a drunk driving case, the injured can seek punitive (or punishment) damages against the drunk driver. In addition, there may be other parties at least partially responsible in drunk driving cases, such as a restaurant or bar if it continued to provide alcohol to a noticeably intoxicated individual who then got in their car to drive.
If a loved one is killed due to a drunk driver, or a driver who is otherwise behaving negligently, a wrongful death lawsuit can also be filed against the accused driver. The law in Georgia states that the surviving spouse or children may recover for the life of the decedent, and the estate administrator may file a survival action on behalf of the deceased, even seeking punitive damages.
Car Accident Attorney in Kennesaw
If you or a loved one is injured or killed this winter in a car accident, it is possible that the driver was under influence and/or not exercising reasonable caution while on the road. It is critical that you speak with an experienced auto accident attorney right away in order to ensure that your rights are protected under the law, and that you receive justice with regards to any injuries you’ve experienced—especially those that could affect your ability to return to work.
The Law Offices of Roger Ghai, P.C. has significant experience when it comes to personal injury and wrongful death claims, where a driver was either under the influence or otherwise behaving negligently or even recklessly. Contact us today for a free consultation—we’re here to listen and help. You may contact us at (770) 792-1000.