Posted by duijim in on August 4, 2024
Georgia’s Open Container Law (O.C.G.A SS 40-6-253) follows federal guidelines intended to combat drunk driving and allows officers to issue tickets against anyone found possessing an open alcoholic beverage container within the passenger area of their vehicle on any roadway or shoulder.
Breaking and entering alcohol containers usually result in DUI charges in Georgia.
Driver’s License Suspension
Georgia law dictates that drivers and their passengers must not possess open containers of alcohol while on public roads, with harsh penalties associated with violations incurred for doing so. An experienced criminal defense attorney could assist them in avoiding conviction and the associated penalties.
An officer arresting someone for DUI in Georgia will usually suspend their driver’s license during booking or upon their release hours or days later – this process is known as administrative license suspension (ALS).
The Administrative License Suspension System is effective immediately and driver’s licenses seized are replaced with pieces of paper reminding the individual that he or she only has 30 days to request an administrative hearing with DDS and pay any reinstatement fees required.
If the driver wins their ALS appeal, their full driving privileges may be reinstated, provided that they completed a risk reduction course and paid their DDS fee (typically around $210 for walk-in customers and $200 for mailing customers). Your Atlanta DUI lawyer may negotiate an end to an ALS as part of a plea bargain whereby a DUI conviction would result without incurring the 12-month ALS sentence.
Driver’s Education Requirements
Georgia DUI laws forbid vehicle occupants from drinking alcohol while operating on public highways, or possessing open containers of it, and police can charge anyone who breaks this law with DUI violations. Most DUI convictions are treated as misdemeanor offenses unless someone flees an officer or causes serious physical injury to another person or unborn fetus; such offenses would then likely incur higher criminal charges.
Young Georgia drivers seeking their license must enroll in a state-approved driver education class and pass both an oral knowledge test and road test before being issued their license. Such classes are often available through high schools, community centers and private companies.
An open container ticket can skyrocket your auto insurance rates, making it essential to fight back against it. A DUI attorney can assist with developing possible defense strategies against an open container charge such as asserting that the beverage was not in your possession at the time of arrest.
Penalties for DUI vary based on many factors, including the type of intoxicant involved and any circumstances surrounding your arrest. If you refused a state breath or blood test, additional fines and jail time could apply;
Driver’s Licensing Requirements
Georgia law makes it illegal for any passenger in a vehicle to consume or possess alcohol while on a state public highway or shoulder of the road. Only those responsible for drinking or possessing it could face charges under this statute; not their driver.
Open container violations do not result in jail time; however, they can have a devastating impact on your car insurance premiums. Insurance companies view open container convictions almost as seriously as DUI offenses and may consider them indicators of future drunk driving activity.
An adult charged with DUI while transporting children is taken seriously and could lead to suspension of driving privileges in Georgia for two or more years, although they have the opportunity for an administrative hearing to maintain them.
Fines
Georgia is not one of the more forgiving states when it comes to DUI penalties; drivers with minor passengers in their vehicle face particularly strict measures.
While fine amounts vary, the minimum penalty always is at least $200. Additionally, Georgia Driver Services will add two points to your driver’s license demerit record; amassing 15 points within 24 months results in suspension of license.
Even if the open container was locked away in your trunk or glove compartment, you can still be charged under state law because a prosecutor must demonstrate that you were drinking alcohol in the passenger area of the car. You may be able to challenge this charge by challenging police conduct during traffic stops or when collecting evidence.
An experienced Atlanta DUI lawyer can provide strong defenses against open container charges. Their counsel will also help explain all possible consequences if this offense is proven against you.