Athens ATV DUI Defense Lawyer

Legal Ramifications of Operating ATVS While Under the Influence

Not all accidents involving intoxicated driving are between cars. Sometimes, the drivers and passengers of other types of vehicles, such as all-terrain vehicles (ATVs), are injured because of an intoxicated driver. ATVs and other recreational vehicles are fun, but can also be dangerous. Driving under the influence in Athens is illegal for the drivers of all vehicles, including ATVs. If you have been charged with a DUI, Athens criminal defense Attorney J Lee Webb can help you craft a solid defense.

You can discuss how a defense strategy might play out by calling (706) 705-5122 and scheduling a free consultation.

ATV DUIs

In Georgia, it is not legal for a person to operate or be in physical control of a moving vehicle while under the influence of drugs or alcohol. The law prohibits intoxicated drivers from operating any vehicle, so the law covers not only cars, but also other vehicles, including all-terrain vehicles.

ATVs can be dangerous, especially if operated by unsafe drivers. They are capable of high speeds, comparable to a car, and can do substantial damage to people and property if there is an accident. Drivers should take great care when driving an ATV.

Types Of DUI

In Georgia, there are two types of DUI: per se and less safe violations.

• Per se violations: A person may be charged with a per se violation if he or she was operating an ATV within three hours of having a blood alcohol concentration of .08 percent or higher. (The legal limit is .02 for minors.) In order to charge a driver with a per se violation, an officer must administer a breathalyzer test or blood test to determine the blood alcohol level.
• Less safe violations: A less safe violation means that the driver’s intoxication made his or her operation of the ATV less safe. Intoxication can be by alcohol, drugs, or a combination of the two.

Drugs that may lead to a DUI conviction include illegal substances, such as marijuana or heroin, but also legal medications, whether prescription or over-the-counter, that have an effect on a person’s driving capabilities. Less safe violations can be used if an ATV driver refuses to submit to blood alcohol content testing. But if a driver does refuse testing, his or her license may be suspended for a year. Both types of DUI are treated the same under Georgia law.

Consequences

A DUI conviction has both legal penalties and other consequences for an ATV driver. The potential sentence depends upon whether the driver has been convicted of prior DUI offenses. For a first offense, a driver’s sentence may include:

• 24 hours to one year in jail
• $300 to $1,000 fine
• One year license suspension
• Minimum of 40 hours community service
• DUI education

A second offense may require the installation of an ignition interlock device on the driver’s vehicle, and the offender’s picture in the paper. Further, the vehicles of habitual offenders may be seized. DUI convictions also have social consequences, especially in educational and employment opportunities.

If you have been charged with an ATV DUI, please call Athens criminal defense lawyer J. Lee Webb to schedule an initial consultation. Our firm can be reached at (706) 705-5122.