Georgia DUI Laws
In your busy day to day life, it’s not likely that you’re keeping up with the latest changes in Georgia DUI Laws. Now suddenly you’re finding yourself charged with a DUI and you want to know Georgia’s DUI laws and how they may affect your case. We’ve left the legal jargon to our skilled attorneys and are providing you with information on the DUI laws you need to know.
First, DUI laws do not only apply to someone who has been drinking and driving; driving under the influence can also apply to someone charged with driving under the influence of drugs. Under Georgia DUI law, you can be charged with DUI in one of two ways. First, an officer can observe you making a less safe violation. This means that the officer witnessed you driving in an unsafe manner (swerving, speeding, etc.). In order to prove in court that you were a less safe driver as the result of alcohol and/or drugs, the prosecution will ask the officer to testify. The officer may state that he or she noticed unsafe driving patterns or that physical signs of alcohol or drugs were reflected in your behavior.
The other way you can be charged with DUI is a “per se” violation. This means that you do not have to be drunk to be considered DUI. In a “per se” violation DUI case, the prosecution only has to prove that your blood alcohol content was over the legal limit of .08% or that you had illegal drugs in your system.
While you are considered DUI if you are over .08%, you can be charged with DUI even if your blood alcohol content is less than this amount. For example, if your blood alcohol content tested less than .05%, the prosecution may try to prove through evidence that you were a less safe driver due to the alcohol or drugs in your system.
If you’re under the age of 21, you can be arrested for DUI with a blood alcohol content of .02%. This is due to Georgia’s Zero Tolerance Law, which makes it illegal for anyone under 21 to consume alcohol.
These DUI Laws are considered the basics and you should contact a qualified DUI defense attorney to represent your case.