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2018 Georgia Code 38-2-1111 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 38-2-1111 Case Law from Google Scholar Amendments to OCGA 38-2-1111

TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Section 2. Military Affairs, 38-2-1 through 38-2-1145.

ARTICLE 5 CODE OF MILITARY JUSTICE

38-2-1111. Driving while under the influence of drugs or alcohol.

Any person subject to this article shall be punished as a court-martial may direct who:

  1. Drives, operates, or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance as described in subsection (b) of Code Section 38-2-1112.1; or
  2. Drives, operates, or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person's blood is equal to or exceeds 0.08 grams of alcohol per 100 milliliters of blood, as shown by chemical analysis, within three hours after such operation or control, or the person's breath is equal to or exceeds 0.08 grams of alcohol per 210 liters of breath, as shown by chemical analysis, within three hours after such operation or control.

(Code 1981, §38-2-1111, enacted by Ga. L. 2015, p. 753, § 1/HB 98; Ga. L. 2016, p. 864, § 38/HB 737.)

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraph (2).

U.S. Code.

- For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 911.

JUDICIAL DECISIONS

Sufficiency of indictment.

- Indictment for reckless driving and driving under the influence, taken as a whole, was sufficient. Hassell v. State, 212 Ga. App. 432, 442 S.E.2d 261 (1994).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 271 et seq.

C.J.S.

- 61A C.J.S., Motor Vehicles, §§ 1354 et seq., 1382 et seq.

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