Drunk Driving Defense (Article 276)
Driving under the influence of alcohol or drugs in Georgia, if it results in a traffic accident causing injury or death, is a serious criminal offense (Article 276 of the Criminal Code). It is important to distinguish: if drunk driving does not result in an accident, it is an administrative offense, but if serious consequences occur, criminal liability applies. Intoxication is considered an aggravating circumstance and significantly increases the penalty (e.g., 6 to 9 years in prison for causing death). Defense in such cases is challenging because public opinion is harsh, and the prosecution''s position is usually strong due to breathalyzer results. However, a qualified lawyer can challenge the causal link between intoxication and the accident or contest procedural violations during testing.
What Does This Service Cover?
Lawyers listed on Legal.ge offer specialized defense for traffic crimes:
- Challenging Breathalyzer Results: Verifying the legality of the police breath test procedure. Often the device is not calibrated, or the protocol is violated, which can be grounds to invalidate the result.
- Auto-Technical Expertise: Commissioning an independent expert to determine if the accident was caused by the driver''s intoxication or another factor (e.g., another driver''s maneuver, poor road conditions, mechanical failure).
- Compensation and Reconciliation: Negotiating with the victim regarding compensation. The victim''s stance is crucial in determining the severity of the sentence.
- Plea Bargaining: Negotiating with the prosecutor for a minimum sentence or probation (if the law allows it in the specific case).
Common Scenarios and Real-World Situations
DUI accident cases often unfold as follows:
The first scenario is "Residual Alcohol." A driver feels sober but has traces of alcohol in their blood from the night before. During an accident, the test shows intoxication, automatically aggravating their situation even if the accident wasn''t their fault.
The second scenario is "Pedestrian Fault." An intoxicated driver hits a pedestrian crossing illegally. The investigation often automatically blames the driver due to intoxication. The defense must prove that even a sober driver could not have avoided the collision.
The third case is "Refusal to Test." After an accident, a shocked driver refuses the test. By law, this refusal equates to confirmed intoxication, complicating the defense.
Georgian Legal Framework
Regulations:
- Criminal Code of Georgia: Article 276 (Violation of Traffic Safety or Operation Rules). Parts 6, 7, and 8 specifically address acts committed while intoxicated.
- Administrative Offences Code: Article 116 (Drunk Driving).
- Law on Road Traffic: Defines driver obligations.
Service Process Step-by-Step
- Accident Scene: The lawyer reviews the accident scene protocol and diagram.
- Blood Test: If the breath test is disputed, a laboratory blood test is requested (within 2 hours).
- Expertise: Traceological and auto-technical expertise is conducted.
- Court: The lawyer fights to exclude intoxication from the case or minimize the sentence.
Why Use Legal.ge?
DUI accident cases are emotionally and legally complex. You need a lawyer who will objectively assess the situation, prevent emotions from damaging the defense strategy, and minimize your liability as much as possible. Find specialists on Legal.ge.
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