I have been an Atlanta DUI attorney handling cases in the city of Atlanta Municipal Court for a long time, and this is an occurrence that happens every time a Georgia State Patrol officer makes a DUI arrest. Georgia State Patrol troopers arrest someone in the City of Atlanta for driving under the influence (DUI) of alcohol and their DUI citation reads “in violation of Official Code of Georgia Annotated (O.C.G.A.) §40-6-391(a)(1-5).” A client of mine will then come in for a free consultation with a court notice from the Municipal Court of Atlanta that lists each of the separate DUI code sections from (a)(1) through (a)(5). They appear as follows:

O.C.G.A. §40-6-391(a)(1) – DUI Alcohol Less Safe

O.C.G.A. §40-6-391(a)(2) – DUI Drugs

O.C.G.A. §40-6-391(a)(3) – DUI Multiple Substances

O.C.G.A. §40-6-391(a)(4) – DUI Inhalants

O.C.G.A. §40-6-391(a)(5) – DUI Alcohol Per Se (Test over .08)

Only O.C.G.A. code sections 40-6-391(a)(1) and 40-6-391 (a)(5) relate solely to alcohol involved DUI arrests. The other three code sections relate to DUIs involving non-alcohol related substances, or a combination of drugs and alcohol.

So why are you charged with these other offenses when they played no part in your arrest? The answer is: the Georgia State Patrol Nighthawks division, also known as the Georgia State Patrol DUI Task Force writes a citation for DUI the same way every time they make an Atlanta DUI arrest. It doesn’t matter if the arrest is for alcohol or drugs. It doesn’t matter if you provide a blood, breath, and/or urine sample or not. Their citation includes each and every DUI code section.

It is important to remember that a citation is just a charging document. A charging document (like a citation, or more formally an accusation or indictment) presents charges the solicitor or district attorney can move forward on. The solicitor then looks at the evidence and decides what charges best fit each individual situation. In the majority of all DUI cases, these are just the alcohol related code sections. In other DUI cases it may just be a drugs related code section. Very rarely do I see DUI multiple substances or DUI inhalants cases.

Because you may have been overcharged in your case by a Georgia State Patrol Trooper, it is important to consult with an experienced Atlanta DUI lawyer. I can advise you in each and every section of the Georgia DUI code. The consultation is free. Call today at 678-753-6431.