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Legislative Update: HB 92 requires second DUI punishment for first time DUI offenders over 0.15

Tuesday, March 02, 2010

Georgia Representative Kevin Levitas is banking more Georgia DUI capital at the State House in Atlanta with a new "tougher on DUI offenders" legislation in HB 92.  Last year it was toughening sanctions for multiple DUI offenders.  This year the target is first time DUI offenders.  Soccer moms beware of that third glass of wine!  It is well known that there is gender bias for DUI breath and blood testing based on female physiology.  Women will test higher on DUI tests than a man based on the same amount of alcohol in their system just because of your gender.  Impairment has nothing to do with a Georgia Breath test DUI as punishment is based on an arbitrary blood or breath alcohol DUI level.  It is well known that alcohol effects different people differently. 

In you are arrested and convicted of a first offense DUI and register over 0.15 on a breath or blood test, then you will face punishment for a second in ten years DUI including ninety days in jail all of which maybe probated with the exception of a mandatory 72 hours, 30 days community service, mandatory drug and alcohol evaluation, and a mandatory dui breath testing device installed on any vehicle you drive for six months.  Georgia will be following the foot steps of Arizona and New Mexico and other states in this new more aggressive attack on social drinking and impaired and not just drunk driving.  MADD is sponsoring a nationwide push for interlock breath testing devices on all first time DUI offenders.  Installation can cost upward of $100.00 and monthly maintenance can be in the $80.00 range.  It is now more important than ever if this legislation is signed into law to refuse a blood or breath alcohol test.  If you don't refuse, you will lose! 




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    George C. Creal, Jr. is a trial lawyer with 18 years of courtroom experience. He is one of only 6 Metro DUI lawyers with both an AV Preeminent rating from and a 10.0/10.0 Superb rating on  With over 100 not guilty jury verdicts under his belt, George knows how to convince a jury that the State has not proven his client guilty of DUI beyond a reasonable doubt.
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