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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:

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.

Why Choose Our Firm?

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  • We understand both the procedure of drug & alcohol tests, and the science behind them

  • Attorney Webb has earned numerous awards for his standard of excellence.
  • Clients receive Attorney Webb's personal cell phone & email address.
  • We have over 25 years of legal experience.

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Hear From Other Clients We've Helped
    "He is knowledgeable and very professional."
    I scheduled a consultation with Mr. Webb and within 5 minutes of the consult and giving my statement to my case I felt comfortable and confident.
    - Criminal Defense Client
    "Very knowledgeable and tough attorney - got my DUI charge totally dismissed."
    Lee did an amazing job on my case. He asked me to walk through all of the details of what had happened and then studied the police reports in great detail. Once we went to court it was clear from the beginning that the judges and prosecutors really respect
    - Kevin W. / DUI Client
    "Was forthright and honest -- did an outstanding job of guiding me through the process"
    This was a first-time DUI (0.08), first-ever offense of any sort. I was referred to Lee by a lawyer friend. Lee and Alisa (his assistant) did an outstanding job of guiding me through the process from first contact all the way through trial (that never occu
    - DUI Client