Blood Alcohol Limitations in Georgia
Georgia’s legal limit for driving is .08 grams of alcohol per deciliter of blood (or 80 mg/dL). If a driver has a BAC of .08 or higher he/she can be charged with the offense of Driving Under the Influence of Alcohol. That measurement is fairly straightforward and applies only to regular drivers of non-commercial vehicles. Georgia imposes more stringent limits for some drivers of commercial vehicles, levels which are referred to as "per se" limits.
In Georgia, "commercial drivers" are required to abide by a .04 BAC level, which will subject them to prosecution for the offense of Commercial Drivers’ Driving Under the Influence. As such, the DUI law for commercial drivers indicates that it is a crime to drive a commercial motor vehicle while there is .04 or more grams alcohol per 100 milliliters of blood .
Since the BAC for commercial drivers is lower than for regular drivers, the DUI statute makes it clear that there is a presumption that the commercial driver "impliedly consented" to the state-administered alcohol test. That consent does not extend, however, to directly sampled blood. Where a blood sample is taken from a commercial driver, the State must prove that the driver consented to the taking of the sample, either in writing or verbally, prior to withdrawing the sample.
Georgia also has a specific DUI law that deals with underage DUI offenders. This law is commonly known as Georgia’s "Underage DUI Law." Under Georgia’s "Underage DUI Law," a person under age 21 with a blood alcohol level of .08 or greater can be prosecuted for the "zero tolerance" offense of DUI by a minor.
DUI Penalties for Exceeding BAC in Georgia
The consequences for driving with a blood alcohol level that exceeds the legal limit in Georgia can be significant. Penalties vary depending on the specific circumstances, but can include substantial fines, license suspensions, and even a criminal record.
Fines for driving over the legal blood alcohol limit can reach up to $1,000 for a first offense. A second DWI/DUI conviction can result in a fine of up to $1,500, and a third intoxicated driving offense could lead to a fine of more than $2,000. In addition to paying fines, offending drivers can also see their driver’s licenses suspended for at least one year if they are convicted of driving over the legal limit and registering a BAC of .08% or higher.
License suspensions can impact a driver for many years, and may even prevent certain individuals from ever getting their driver’s licenses back. Failing to complete the clinical evaluation and treatment requirements outlined by the state can lead to continued license suspensions.
Drivers charged with intoxicated driving and who take controversial chemical breath tests, breathalyzer tests, blood tests, or urine tests in violation of the Implied Consent Law will automatically lose their driver’s licenses for a full year. However, there are times when the Implied Consent Law does not apply. For example, when a chemical test of your breath is administered but it is not completed in accordance with proper police protocol, the results of the said test can be challenged.
Each of these penalties can affect drivers differently, depending on the specific situation. Drivers who are facing charges for driving with a BAC above the legal limit are advised to consult a local DWI/DUI attorney for personalized legal advice.
Methods of Testing BAC in Georgia
In Georgia, there are three primary methods used to test the blood alcohol concentration (BAC) of a driver. Law enforcement officers receive training on how to administer these tests, but most officers are not breath analysis experts or chemists and will not be able to explain how the tests actually measure BAC.
Breathalyzer
An officer may use a breathalyzer to determine BAC on the roadside. This test may be administered in conjunction with the field sobriety test. A breathalyzer measures the BAC of a person exhaling into the device. Many people think that cosuming certain extraneous substances, such as breath mints, chewing gum, mouthwash, smoking a cigarette, or even eating a cracker, will skew the results of breath tests. Usually, this does not work. The validity of breath tests has been tested and re-tested. A breathalyzer measures how much alcohol is in the air that is pushed from a person’s lungs to the breath test machine. While it is possible to give an officer a false positive on a breathalyzer by pretending to vomit, this should be avoided at all costs.
Blood Tests
The most common blood tests are done to determine BAC. However, blood tests are only taken in certain circumstances. The first is if you are arrested for DUI and you refuse to take a breathalyzer test. In this instance, your blood may be taken at a hospital or jail. Refusing a blood test is a very complicated issue. The second circumstance in which a blood sample is taken is if you are in a car accident where someone was seriously injured or killed, and a blood sample is taken at the hospital.
Urine Tests
If a blood test cannot be taken, urine tests may be used to determine BAC. Urine tests frequently come up negative for individuals who are legally over the limit. If urine tests are used, they must be given within 100 hours of the incident. However, urine tests are not admissible to prove that you were over the legal limit when being charged with a DUI. In rare cases, they are admissible to show that a person’s BAC was under the legal limit when charged, but over the legal limit when driving.
SUI Law & Sobriety Checkpoints in Georgia
Georgia law prohibits driving under the influence of alcohol or drugs when your ability to drive is less safe. A person may not be convicted of driving under the influence of alcohol unless his or her blood alcohol concentration (BAC) is .08 grams or more. A driver under the age of 21 is presumed to be under the influence of alcohol if his or her BAC is .02 grams or more. Commercial vehicle drivers are prohibited from having a BAC of .04 or more while operating a commercial motor vehicle. If a police officer believes you are driving under the influence, he or she may stop your vehicle at a sobriety checkpoint or simply pull you over. Police use sobriety checkpoints to ensure that the legal BAC limit is being observed .
Blood Alcohol Concentration (BAC) is determined by an analysis of a sample of breath, blood, urine, or other bodily substance drawn for the purpose of chemical testing. A breath test will probably be used at a sobriety checkpoint to measure BAC. The officer will hold a device called a Breathalyzer up to your mouth. The Breathalyzer has a tube with a mouthpiece at the end. You will be required to blow into the tube. You may be arrested on the suspicion of DUI without first having your BAC tested using a Breathalyzer. In this case, blood or stool must be obtained properly and tested. The sample will be analyzed in a laboratory in Georgia.
Ways to Stay under Legal BAC Levels
The safest course of action is of course to never drink and drive. However, if you do choose to drink, there are a few tips that may help you avoid exceeding the legal blood alcohol limit.
When stopped by law enforcement on suspicion of drunk driving, many people are surprised to find out that they tested over the legal blood alcohol limit. This can happen for a number of reasons, including general ignorance about alcohol and how it is absorbed and eliminated from the body.
Most people have heard that the human liver detoxifies a standard dose of alcohol at the rate of one to 10 milliliters per hour. This equates to a blood alcohol concentration (BAC) drop of about 0.015%: less than half the commonly accepted threshold of 0.03%. This gradual elimination reduces the likelihood of intoxication, but only if the person engages in responsible drinking. In order to stay under the legal BAC limit, users can follow these guidelines:
The most effective strategy for maximizing the probability of remaining under the legal limit is to abstain from alcohol entirely. If you do choose to drink, it is best to limit your intake to one drink per hour. This guideline roughly approximates metabolic rate, but with certain caveats. For example, individuals who consume numerous large high-alcohol-content drinks will not metabolize these beverages within a single hour. Similarly, anyone who consumes large amounts of alcohol in a short period of time may still register a BAC of 0.03% or higher the next morning – well into the dangerous zone above the legal limit. Please note that use of medications and other substances may interfere with metabolic rates, especially in those taking drugs known to cause drowsiness or reduce concentration and awareness.
Although the liver need only process the alcohol equivalent of one drink per hour, drinking while awake and active may increase the likelihood of intoxication, as it allows the consumer to absorb a greater volume of alcohol in a shorter period. It is especially important to keep this point in mind while attending parties, which often present users with the temptation to drink more heavily than they would normally tend to in a domestic setting. When attending an event where alcohol will be present, resist the urge to mingle with a drink in hand; instead, set a goal of having just one drink per hour. Also, wait an hour before beginning to drink. This strategy allows your liver to process alcohol before you begin to consume more, reducing the likelihood of exceeding the legal limit.
While the liver detoxifies alcohol slowly, so too does the brain: after consuming alcohol, slow responses and impaired judgment may make driving or engaging in other tasks dangerous. During this high-risk period, it is essential to avoid any activity that could be affected by decreased coordination or compromised mental clarity. To this end, when attending an event where alcohol is present, arrange for a designated driver or don’t drink at all. Otherwise, use public transportation or a ride-sharing service to get home safely.
Contacting a Lawyer for DUI in Georgia
If you have been charged with a DUI in Georgia, your first step should be to contact an experienced attorney to discuss your case. A DUI attorney can help you navigate the legal system and work to reduce the penalties you are facing.
One of the main ways a DUI attorney can help in this regard is with a motion to suppress evidence that they believe was not obtained legally. This is particularly common in cases of breathalyzer test failure. While breathalyzer tests are available in several editions, the Intoxilyzer 9000 is primarily used in the State of Georgia now. If the arresting officer does not read the Individual’s rights from a Department of Driver Services (DDS) card, even if the defendant does not have a Georgia driver’s license, the test result may be thrown out as inadmissible in court.
If a motion to suppress is successful, the case may result in a lesser charge of DUI less safe (which may be pled out to a lesser charge at the end of the court case) or a reduction of the severity of the sentence . If you plead guilty to a DUI less safe, there is a sentencing alternative called "DUI Risk Reduction Program."
This program is reserved for DUI less safe or first offense DUI by an out-of-state driver is eligible. It requires enrollment and completion of a DUI School as your only alternative sentence. There is a $500 fine and 12 – 24 hours of community service in addition to completion of the DUI School (there is no Alcohol/Substance Abuse Evaluation or recertification requirement as there is for a Georgia DUI Conviction). Completion of the School and community service will lead to dismissal of the charges. If you refuse to complete the school (even if you didn’t have a Georgia driver’s license), you are rescheduled for trial and the case will be contested with all of the evidence admitted. Plea agreements are not allowed to offer a less than DUI in these matters and if convicted you face up to the maximum penalty on the charge.
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